planning commission report - santa monica...calculations excluded from parcel coverage calculations...

Planning Commission Report

1

Planning Commission Meeting: August 7, 2019

Agenda Item: 8-B

To: Planning Commission

From: Jing Yeo, AICP, City Planning Division Manager

Subject: Proposed amendments to the text of the Zoning Ordinance related to the R1 (Single-Unit Residential) zoning district development standards.

Recommended Actions Staff recommends that the Planning Commission recommend to the City Council that the Council make amendments to the text of the Zoning Ordinance related to the R1 (Single-Unit Residential) zoning district development standards. Executive Summary Numerous neighborhood groups and individual residents have expressed concerns about the size and scale of recently-constructed Single-Unit Dwellings (SUDs) within the City’s R1 districts and about the demolition and loss of older existing homes and the resulting change in neighborhood character. In response to these community concerns and to ensure the character of existing R1 neighborhoods is preserved, the City Council adopted an Interim Zoning Ordinance (IZO) in February 2018 which amended portions of Santa Monica Municipal Code (SMMC) Section 9.07.030 to temporarily revise the development standards and reduce the sizes of residences that could be built. The City Council extended the IZO until November 15, 2019, and directed staff to research and draft a comprehensive update to the R1 development standards during this time. This review and update process has included significant public engagement intended to address and be guided by the following principles:

Re-evaluate the R1 development standards to address the size of new home construction in relation to the existing neighborhood context and scale.

Incentivize the retention of existing homes.

Make the development standards more user-friendly. The R1 development standards update process began in January 2019 with five R1 technical working group sessions held through April 2019. Following the technical working group sessions, three community open house events were held in May 2019 to gather additional public input. On June 19, 2019, the Planning Commission participated in a study session to review the public input provided by the technical working group and the stakeholders who participated in the community open houses and provide feedback and direction on specific development standards to staff.

2

The proposed redline modifications in Attachment B represent an amalgamation of the direction provided by the Planning Commission on June 19, 2019, and the input provided by the public, the technical working group, and staff. Upon the Commission’s review of the proposed redline modifications, staff recommends that the Commission recommend to the City Council that the Council make amendments to the text of the Zoning Ordinance related to the R1 zoning district development standards pursuant to the Resolution found in Attachment A. Background Purpose of the R1 Development Standards Update Several neighborhood groups and individual residents have expressed concern about the size and scale of recently constructed SUDs within the City’s R1 districts. While this new construction complied with the R1 development standards, they often significantly increased the size of the dwellings’ square footage as compared to the existing homes they replaced. The neighborhood groups and individuals are concerned with the impacts of new development and alterations to existing structures that appear inconsistent with the character, scale, and mass of the existing built environment and potential impacts to neighboring residences. In addition, concern was expressed with the demolition and loss of older existing homes and the resulting change in neighborhood character. In response to these community concerns, on February 13, 2018, the City Council adopted an the IZO which amended portions of SMMC Section 9.07.030 to revise the development standards for maximum parcel coverage, maximum building height, additional minimum stepbacks for upper stories, limitations on aggregate floor area for upper-story decks and balconies, and exclusion of Accessory Dwelling Units (ADUs) from parcel coverage in the R1 zoning district. Although the IZO did not become effective until March 16, 2018, the changes were retroactive and applied to any project application in the R1 district determined to be complete after February 23, 2018. On April 10, 2018, the City Council extended the IZO until November 15, 2019 and directed staff to research and draft a comprehensive update to the R1 development standards during this time. The changes to the specific R1 development standards in the IZO are detailed in the following table:

R1 Development Standard Zoning Ordinance Interim Zoning Ordinance

Maximum Building Height 28’ – 35’ 28’

Maximum Parcel Coverage First Story Second Story

61% (Total) 35-40% (1st story) 26-30% (2nd story)

50% (Total) 30-50% (1st story)

20% (2nd story)

Upper Story Stepback Applies above 14’ in height Applies to entire second story

http://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1134&MediaPosition=&ID=2873&CssClass=

http://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1138&MediaPosition=&ID=3008&CssClass=

3

Maximum Upper Story Decks/Balconies

400 SF aggregate (North of Montana only. No limits

in other R1 districts.)

400 SF aggregate (All R1 districts)

Accessory Dwelling Unit Included in parcel coverage

calculations Excluded from parcel coverage

calculations

Table 1: IZO Changes to the R1 Development Standards

The IZO is set to expire on November 15, 2019, unless it is otherwise extended by the City Council pursuant to SMMC Section 9.46.090. In addition to its action to adopt the IZO and as a part of the City Council’s previous discussion of City Planning Division priorities, the Council prioritized the comprehensive review and update of the R1 development standards. The R1 development standards review and update process has included significant public engagement intended to address and be guided by the following principles:

Re-evaluate R1 development standards to address the size of new home construction in relation to the existing neighborhood context and scale.

Incentivize the retention of existing homes.

Make the development standards more user-friendly. R1 Development Standards Update Process Throughout the R1 development standards update process, staff has sought the input of a variety of constituents and a wide spectrum of those who use or are affected by the R1 development standards including, but not limited to, property owners, residents, neighborhood group representatives, architects, contractors, and design professionals. The update process to date is summarized below. For more specific information and details on the update process along with an extensive recap of the public input provided, please see the Planning Commission staff report from June 19, 2019. Technical Working Group On January 30, 2019, a technical working group was assembled for a kick-off meeting to begin discussing the R1 development standards update. The technical working group was made up of a collection of architects, contractors, community representatives, and other design professionals who had knowledge and experience working on single-unit residential projects in Santa Monica and could provide input and identify issues. Subsequent to the kick-off session, four additional technical working group sessions were help in March and April 2019. Between 15-30 volunteers attended each technical working group session. The issues discussed and identified by the technical working group were instrumental in focusing the broader public discussion of the R1 development standards at the subsequent community open house events. Community Open Houses Three identical community open house events were held on the evening of May 18, 2019, during the afternoon of May 21, 2019, and on the evening of May 21, 2019, at the Santa Monica Civic Auditorium East Wing to provide information and education to the

https://www.smgov.net/departments/pcd/agendas/Planning-Commission/2019/20190619/s2019061909-C.pdf

4

public as well to gather additional public input regarding the R1 development standards. These community open house events were scheduled both on a weekend and a weekday, and during and after business hours, in an attempt to attract the widest spectrum of participants possible. Public notice of the community open house events was sent via mailed postcards to all R1 property owners, published in the Santa Monica Daily Press, and posted to the City’s website. Approximately 150 members of the public attended the three open house events with approximately 90% of the attendants identifying as residents of the City. The open houses though were not strictly restricted to residents of the City as some R1 property owners and some design and industry professionals who work on R1 projects may not be residents of the City. The open houses were designed as interactive events in an effort to engage all participants. Each open house was begun with a brief staff presentation that provided background information on the R1 development standards and the update process, the purpose and format of the open house, and an explanation as to how to participate during the rest of the event. The open house participants were then invited to explore the various development standard stations that were set up around the room. In an effort to focus on the primary issues of home size and massing and the retention of existing homes, the various stations were focused on the following development standards:

Parcel Coverage

Height

Setbacks and Upper-Story Stepbacks

Upper-Story Outdoor Space

Parking

Retention of Existing Homes

Other (for any other R1 development standards that attendees wanted to discuss)

At each station, a City Planning staff member was present to facilitate the public interaction and answer any questions. Each member of the public was given dot stickers and asked to provide input on poster boards based on questions pertaining to each development standard. Each participant could then place their stickers on the poster boards to provide their opinions on the various development standards. Each poster board also provided participants an area to attach written comments related to the corresponding development standard. Planning Commission Discussion On June 19, 2019, the Planning Commission participated in a study session to review the public input provided by the technical working group and the stakeholders who participated in the community open houses and provide feedback and direction on specific development standards to staff. In particular, staff sought Commission direction on the following:

5

Development standards that most relate to building size and massing: parcel coverage, height, setbacks, upper-story stepbacks, and upper-story outdoor space

R1 parking standards and incentives to retain existing homes

Other R1 related development standards The following table summarizes the Commission’s direction on a number of R1-related development standards:

Development Standards – General Planning Commission Direction

1 Should development standards be standardized

citywide or should we maintain in some cases neighborhood specific standards?

Standardized citywide.

Parcel Coverage Planning Commission Direction

2 What is the appropriate amount of parcel

coverage?

Up to 50% with more parcel coverage allowed for smaller parcels.

3 How should parcel coverage be distributed

between first and second stories? No limit on the 2nd story.

4 Should ADUs be excluded or included in parcel

coverage? Excluded up to 800 SF.

Height Planning Commission Direction

5 What should the maximum building height be? 28 feet with the upper-story stepback

plane angle at 45 degrees.

6 Should a flat roof have a different maximum

height limit? And if so, what? 23 feet for a flat roof with no 45-degree upper-story stepback angle

Setbacks & Upper-Story Stepbacks Planning Commission Direction

7 Should side setbacks be aggregate or

symmetrical? Aggregate.

8

How much upper-story stepback should be required?

More than is currently required along the front and side elevations. Rear setback and stepback requirement should be the same amount.

9 Should stepbacks be eliminated in favor of

larger setbacks? No.

Upper-Story Outdoor Space Planning Commission Direction

10 What is an appropriate limit for upper-story

outdoor space? Or should there be no limit?

No aggregate limit necessary, but roof decks should require additional setbacks.

11 Should upper-story outdoor space have an

aggregate limit or individual size limit? No aggregate limit but possibly individual size limits.

12 Should certain upper-story outdoor spaces have

additional setbacks?

Additional setbacks for roof decks and any upper-story outdoor space in the rear half of a parcel.

Parking Planning Commission Direction

13 Should the minimum parking requirement be

required to be located within an enclosed Enclosed garages should not be required.

6

garage?

14 Where should parking be allowed? Should the

locational restrictions be loosened to allow greater flexibility?

Anywhere behind the front of the house.

Retention of Existing Homes Planning Commission Direction

15

Which incentives should be considered for the retention of existing homes?

Allow continuation of nonconforming setbacks in certain situations.

Allow continuation of non-conforming height in certain situations.

Allow additions without parking to be updated.

Create opportunities for additional modifications to development standards.

Create an easier review process for development standard modifications.

Allow additional parcel coverage for single-story dwellings.

Remove the threshold for residential additions triggering full compliance with parking and circulation standards. Expand ability to extend nonconforming setbacks for residential additions in certain situations. Explore possible expansion to development standard modifications for residential additions and remodels.

16 Are there other incentives that should be

considered? Explore other incentives.

Projections & Height Exceptions Planning Commission Direction

17 Should existing projection and height exceptions

be updated? Yes.

18 Should there be an R1 specific projection and

height exceptions table? If deemed to be necessary and beneficial.

Basements & Lightwells Planning Commission Direction

19 Should basement size be limited? No.

20 Should lightwell development standards be

standardized citywide? Yes.

Design Review Planning Commission Direction

21 Should ARB be allowed to review and approve

more development standard modifications? No.

22 Should ARB’s purview of hillside development

expand to North of Montana? Yes.

23 Should ARB’s purview expand beyond hillside

development? No.

Hillside Development Planning Commission Direction

24

Should Santa Monica have hillside development specific standards? If so, possible considerations might be: o Maximum parcel coverage limitation o Maximum building height o Maximum number of stories o Maximum amount of upper-story outdoor

space and how it is defined

Yes, staff should look into it and if more time is necessary, developments standards for hillside parcels could potentially become a separate work effort beyond the general R1 development standards.

7

o Basement limitation o Excavation and grading/soil export limits o View protection o Reviewing body and entitlement

procedures

25 Should the ARB’s review of hillside development

be expanded to include North of Montana? Yes.

26 Should the ARB have the ability to modify

development standards for hillside development?

Depends on what the proposed hillside standards end up being.

Table 2: Planning Commission Direction for R1 Development Standards

Planning Commission Review The proposed redline modifications in Attachment B represent an amalgamation of the direction provided by the Planning Commission on June 19, 2019, and the input provided by the public, the technical working group, and staff. Upon the Commission’s review of the proposed redline modifications, staff recommends that the Commission recommend to the City Council that the Council make amendments to the text of the Zoning Ordinance related to the R1 zoning district development standards pursuant to the Resolution found in Attachment A. Proposed R1 and Related Development Standards As opposed to detailing every proposed change to the R1 and R1-related development standards included in Attachment B, this staff report focuses on the proposed changes that most relate to the three primary goals of the R1 development standards update:

Size of new home construction.

Incentivizes for the retention of existing homes.

User-friendly development standards.

The staff report also focuses on the development standards of which the proposed changes represent somewhat of a departure from the existing standards. Size of New Home Construction

Parcel Coverage

Current Development Standards The following table presents the R1 development standards (pre-IZO) and the temporary changes imposed by the IZO pertaining to parcel coverage:

8

R1 Development Standards Interim Zoning Ordinance North of Montana/Sunset Park/North of Wilshire: One-story structure not exceeding

18’ in height – 50% Two-story structure – Aggregate

61% First Story: 31% - 40% Second Story: 21% - 30%

Expo/Pico: Parcels 5,001 SF or larger – 40% Parcels between 3,001 and 5,000

SF – 50% Parcels 3,000 SF or smaller – 60%

Citywide: One-story structure not exceeding

18’ in height – 50% Two-story structure – Aggregate

50% with the second story not to exceed 20%

Excluded Accessory Dwelling Units (ADUs) from parcel coverage

What We Heard Staff received the following feedback regarding parcel coverage development standards:

o Technical Working Group If parcel coverage does not stay at 61%, it should be somewhere

between 61% and 50% (IZO) Provide more size flexibility between the first and story stories for

design variety Continue to exempt ADUs or at least exempt a certain size amount

o Community Open Houses: Consensus for smaller homes, with the average parcel coverage

preference being approximately 55% Preference for larger first stories in comparison to second stories Continue to exempt ADUs

o Planning Commission: Limit parcel coverage to no more than 50% Consider more parcel coverage for smaller parcels (5,000 SF or

less) Continue to exempt ADUs

Proposed Development Standards The following table presents the proposed R1 development standards pertaining to parcel coverage:

9

Maximum Parcel Coverage (% of Parcel Area)

Standard R1 Other Standards

One-story structure less than 18 ft. in height

50

For parcels less than 5,000 sq. ft., a minimum parcel coverage equaling 2,500 sq. ft. shall be permitted.

Two-story structure or one-story structure 18 ft. or more in height

50% aggregate with no more than 25% on

second story

For parcels less than 5,000 sq. ft., a minimum parcel coverage equaling 2,500 sq. ft. shall be permitted with no more than half the allowable square footage on the second story.

Accessory Dwelling Unit

Exempt from parcel coverage in R1 district.

See Section 9.31.300

Intent of Proposed Development Standards Parcel coverage is one of the main development standards that controls the size of home construction. The proposed revisions as shown above reduce the maximum allowable parcel coverage of a two-story structure from an aggregate 61% to 50%, which is consistent with the overall parcel coverage limitation imposed by the IZO. However, based on Commission direction, a provision has been included to guarantee a minimum parcel coverage equaling 2,500 SF for parcels less than 5,000 SF. This provision would allow substandard sized parcels less than 5,000 SF area additional parcel coverage and the ability to build a comparable sized home as standard parcels but still relatively proportional with their parcel size. A second-story parcel coverage limitation of 25% has also been incorporated. While this percentage is larger than the 20% that the IZO allows, the proposed increased upper-story stepback requirements described below balances this increase and helps control the second-story massing. The increase to the second-story parcel coverage also provides more design and space programming flexibility which was desired based on public input. ADUs are proposed to continue to be exempt from parcel coverage in the R1 district to encourage their development pursuant to State law. The diagrams below show a comparison of the typical potential R1 building massing based on maximum allowable parcel coverage between the existing R1 development standards, IZO standards, and what is now being proposed.

10

Parcel Coverage

R1 Development Standards Interim Zoning Ordinance Proposed Standards

Height

Current Development Standards The following table presents the R1 development standards (pre-IZO) and the temporary changes imposed by the IZO pertaining to height:

R1 Development Standards Interim Zoning Ordinance

Maximum Number of Stories – 2 Maximum Building Height: Parcels up to 20,000 SF

General Standard – 28’ North of Montana – 32’

Parcels greater than 20,000 SF and with a front property line of 200’ 28’ for flat roof 35’ for pitched roof

Maximum Building Height: Parcels up to 20,000 SF

General Standard – 28’ North of Montana – 32’

Additional Side Stepback Above 21’ in Height: General Standard – 45-degrees

measured from the vertical North of Montana – 30-degrees

measured from the horizontal.

Citywide: Maximum Building Height - 28’

What We Heard Staff received the following feedback regarding height development standards:

o Technical Working Group There should be different heights for flat and pitched roofs 45-degree buildable envelope should be implemented citywide as it

offers more design flexibility Higher heights for larger parcels

o Community Open Houses:

11

Building height should be limited to 28’ through the R1 district Flat roofs should have a height limit lower than 28’

o Planning Commission: Maximum building height should be 28’ throughout the R1 district 45-degree buildable envelope should be implemented citywide Flat roofs should have a maximum height of 23’, but do not need to

comply with the 45-degree angle at 21’ high

Proposed Development Standards The following table presents the proposed R1 development standards pertaining to height:

Maximum Building Height (ft.)


Parcels up to 20,000 sq. ft. in area

28 ft.

with no wall height exceeding 23 ft.

Parcels greater than 20,000 sq. ft. in area and with a front parcel line at least 200 ft. in length

28 ft. for flat roof

32 ft. for pitched roof

Projections into Height Limits

See Section 9.21.060, Height Projections

Additional Minimum Stepbacks for Upper Stories


Sides—All portions of buildings exceeding 23 ft. in height

No portion of a building, except permitted projections, shall intersect a plane commencing at 23 ft. in height at the minimum side setback that extends at an angle of 45-degrees from the vertical toward the interior of the site.

The 23 ft. height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

12

Intent of Proposed Development Standards Building height is regulated by three development standards within the current code and the IZO, establishing a set number of stories, maximum building height, and additional side stepback above 21 feet in height. In regards to the side stepback above 21’, the current standards allow no portion of the building, except permitted projections, to intersect a plane commencing at 21’ in height at the minimum side setback and extending at a specified angle towards the interior of the site. This development standard helps control massing as the building height increases over 21’ by pushing the massing inward away from the neighboring properties. Combined, these three standards establish vertical building envelope that the primary structure must fit within. The proposed revisions address two issues - overall building height and vertical wall height below roof structures. The overall maximum building height is proposed to remain at 28’ high, consistent with the IZO. However, based on public input and Commission direction, in order to allow flat-roofed structures some flexibility for additional height but lower than the maximum 28’ height limit, a vertical wall height limitation of 23’ has been proposed. This new vertical wall height limit would provide additional flexibility to flat-roofed buildings compared to the existing standards but would require these types of buildings to be 5’ lower in height than a pitched roof building. This limitation would decrease the overall potential massing for a flat-roofed building by preventing a flat roofed building from setting back their second story to avoid the stepback angle and then building additional vertical massing to the maximum 28’ height. Once a vertical wall reaches 23’ in height, a building would have to start a pitched roof that brings in the massing of the building towards the center of the parcel. However, a property owner could still start a pitched roof at a lower height if a certain pitched roof style or design is preferred. The diagrams below illustrate the proposed changes to the additional minimum stepback for upper stories now proposed above 23’ and a comparison of what limiting a vertical wall height to 23’ would do to a flat and pitched roofed building. Additional Minimum Stepbacks for Upper Stories

R1 Development Standards &

Interim Zoning Ordinance Proposed Standards

13

Height Limit for Flat vs. Pitched Roofs

Flat Roof at 23’ Height Limit Pitched Roof at 28’ Height Limit with

Vertical Walls at 23’ Height Limit

Upper-Story Stepbacks

Current Development Standards The following table presents the R1 development standards (pre-IZO) and the temporary changes imposed by the IZO pertaining to upper-story stepbacks:


Front – Any portion of the front elevation above 14’ in height and exceeding 75% of the maximum buildable front elevation: General Standard – Average

amount equal to 4% of parcel depth, but no more than 10’ required

North of Montana – Average amount equal to 8% of parcel depth, but no more than 12’ required

Rear – Any portion of rear elevation above 14’ in height and exceeding 75% of maximum buildable rear elevation: General Standard – Average

amount equal to 4% of parcel depth, but no more than 10’ required

North of Montana – 30% of parcel depth, but no more than 40’ required

Sides – Portions of building above 14’ in height and exceeding 50% of maximum buildable side elevation: 1’ for every 2’-4” of height above

14’ and up to 21’ (measured from minimum required side setback line)

Citywide: Changed each standard to start at

the second-story instead of 14’ in height

14

What We Heard Staff received the following feedback regarding upper-story stepback development standards:

o Technical Working Group Articulation of the second story is just as impactful as parcel

coverage in terms of massing appearance Stepbacks should be calculated based on building, not maximum

buildable elevation Prescribed stepbacks hinder design Simplify implementation and provide more flexibility

o Community Open Houses: Divided feedback between less and more stepbacks

o Planning Commission: Required more stepbacks, especially at the front Standardize implementation

Proposed Development Standards The following table presents the proposed R1 development standards pertaining to upper-story stepbacks:

15



Front Upper-Story Stepback

Minimum Area Required: Average amount equal to 1% of parcel area.

Stepback areas shall be a minimum depth of 3% of parcel depth and shall be measured from the required front setback.

Stepback areas greater in depth than 6% of parcel depth from the required front setback shall not be included in the calculations for compliance with this standard.

Areas used to comply with the side upper-story stepback requirements shall not be included in the calculations for compliance with this standard.

This standard shall apply to the total front building elevation

Side Upper-Story Stepbacks

Minimum Area Required: Average amount equal to 1% of parcel area.

Stepback areas shall be a minimum depth of 20% of parcel width and shall be measured from the side parcel line.

Stepback areas greater in depth than 25% of parcel width from the side parcel line shall not be included in the calculations for compliance with this standard.

Areas used to comply with the front upper-story stepback requirement shall not be included in the calculations for compliance with this standard.

This standard shall apply to each total side building elevation.

16

Intent of Proposed Development Standards Combined with parcel coverage limitations, upper-story stepbacks are one of the main development standards that control massing. Stepbacks are additional setbacks that regulate the upper story massing and create articulation and modulation to the second story. These measurements currently begin after each setback ends and are determined based on multiple calculations involving the maximum buildable elevations which are the width or length of the parcel minus the applicable required setbacks. The proposed upper-level stepback standards seek to simplify the calculations for the minimum required stepback areas while also increasing the minimum required areas pursuant to Commission direction. The revised calculations would be based on parcel area instead of maximum buildable elevation dimensions. For example, on a typical 50’ x 150’ (7,500 SF) parcel, the minimum upper-story front stepback was originally required to be approximately 52.5 SF based on the general standard. By now requiring the stepback area to be 1% of parcel area, the minimum required front stepback area would be 75 SF. In regards to a side stepbacks, for a parcel with a depth of 150’, under current standards a second-story side elevation could run approximately 57.5’ without any stepback being required. The proposed stepback development standards have now been designed to be required regardless of building length. A minimum and maximum depth for the use of calculating each stepback has also been incorporated to ensure the size of each stepback is impactful on the massing of the building and to prevent minimal, unnoticeable stepbacks that could meet the area requirements. However, a property owner could elect to set back their home beyond what is required and not have to comply with stepback requirements possibly resulting in a less-articulated building but one that provides increased setbacks from their neighbors. The below diagrams show the typical potential R1 building massing based on upper-story stepback implementations between the existing R1 Development Standards, IZO standards, and what is now being proposed for a typical dwelling unit. Upper-Story Stepbacks

R1 Development Standards Interim Zoning Ordinance Proposed Standards

17

Below are diagrams illustrating various examples of how the proposed upper-story stepback requirements can be implemented and the flexibility allowed in meeting the proposed stepback requirements. Implementation Examples of Proposed Upper-Story Stepback Requirements

Aggregate side setbacks with minimum required depth stepbacks

Aggregate side setbacks with maximum depth stepbacks that can be used in calculations to meet stepback requirements

Symmetrical side setbacks with both a minimum and maximum side stepback

Additional side setbacks with no stepbacks required

18


Current Development Standards The following table presents the R1 development standards (pre-IZO) and the temporary changes imposed by the IZO pertaining to upper-story outdoor space:


Roof Decks: General Standard – Setback an

additional 3’ from required setback North of Montana – Setback 12’

from an interior property line

Limitation of Upper-Story Balconies and Roof Decks: General Standard – N/A North of Montana:

Aggregate area may not exceed 400 SF

All areas greater than 50 SF that are located in the rear two-thirds of the parcel shall be set back 12’ from any property line

Citywide: The aggregate square footage of

second story balconies, terraces, or roof decks shall not exceed 400 SF

What We Heard Staff received the following feedback regarding upper-story outdoor space development standards:

o Technical Working Group Limit individual size, not aggregate Upper-story outdoor space is a great way to incorporate modulation Limitations should be proportionate to lot size

o Community Open Houses: Half of the participant felt 400 SF was too small, with another one-

fourth thinking there should be no limit One-fourth felt 400 SF was too excessive Desire for a size limit on individual sizes Limitations should be proportionate to lot size

o Planning Commission: There should be no aggregate limit, but possible individual size limit Bigger setbacks for roof decks

Proposed Development Standards The following table presents the proposed R1 development standards pertaining to upper-story outdoor space:

19



Maximum Size of Individual Balcony, Terrace, Deck, First-Story Roof Deck, or Similar Outdoor Space

3% of parcel area or 300 sq. ft., whichever is less

Individual outdoor spaces larger than 100 sq. ft. located in the rear half of the parcel shall be set back a minimum distance of 20% of the parcel width from the side parcel lines.

Maximum Size of Roof Deck above Second Story

3% of parcel area or 300 sq. ft., whichever is less

Maximum of 1 per parcel with a 5 ft. minimum setback from edge of building.

Intent of Proposed Development Standards Upper-story outdoor space includes all balconies, terraces, or roof decks located at the second story or higher. The proposed revisions to the upper-story outdoor space standards have removed the aggregate size limitation in exchange for individual size limitations. The intent is to allow upper-story outdoor space as a tool to incorporate modulation into a building while also being cognizant of limiting any potential noise or disturbance impacts to adjacent neighbors. Individual upper-story outdoor spaces are proposed to be limited in proportion to parcel area. For example, a 7,500 SF parcel would not be allowed to have any individual upper-story outdoor space greater than 225 SF. However, in order to protect privacy between neighbors, when a space is larger than 100 SF and located in the rear half of the parcel, it would be required to be set back a minimum 20% of parcel width (10’ on a 50’ wide parcel). The individual size limitation is also imposed on second-story roof decks which have been proposed to be set back an additional 5’ from building edges.

Incentives for the Retention of Existing Homes

Throughout the R1 update process, staff has heard the desire to provide incentives for the retention of existing homes to help preserve the character of Santa Monica’s single-unit neighborhoods. One of the main development standard challenges has been with the difficulty in adding to an existing home due to restrictive parking standards. Pursuant to SMMC Section 9.28.020(D)(1) in the current Zoning Ordinance, if 50% or more additional square footage is added to the principal building, all parking standards must be brought into compliance. This standard has the potential to require an applicant to enlarge or construct a new garage, relocate existing parking, add new parking if no parking currently exists, widen existing driveways, and other onerous improvements which are often not possible due to the siting of older homes or significantly increase construction costs. Based on public input and Planning Commission direction, staff has proposed the removal of this requirement, thereby only requiring parking to be brought into compliance when an existing house is determined to be demolished and a new house is proposed.

20

Besides development standard modification and Variance processes, there are other permitted development standard allowances for existing homes, such as reduced setback requirements for additions to existing structures over 18 ft. on parcels that are less than 50 ft. in width. Staff has also proposed additional flexibility to SMMC Section 9.21.170, Building Additions Extending into Required Side Setback, which currently allows a nonconforming residential building addition to continue to extend into one minimum side setback. As older homes often do not comply with current setback requirements, in order for an addition to be better incorporated into an existing home, staff has proposed that a building addition extending into a minimum side setback is not limited to only one side setback and does not need to continue the façade setback line of the existing structure as long as it is set back a minimum of 4 ft. to continue to allow for adequate light and air between parcels.

To better bring attention to these incentives, staff has incorporated references to them in the R1 Development Standards table. User-Friendly Development Standards

Standardize Development Standards Citywide Throughout the R1 update process, staff has heard at the various outreach efforts the desire for standardized and more user-friendly development standards. Currently, the R1 zone district is divided between four geographical areas – North of Montana, North of Wilshire, Sunset Park, and Expo/Pico – as shown in the following map:

The four R1 geographic areas.

21

Between these four areas, implementation of certain standards differ which has resulted in the R1 Development Standards table being split into four columns as shown below:

A portion of the R1 development standards table in SMMC Section 9.07.030 showing the current formatting and organization of the development standards.

To standardize the development standards throughout the R1 district, staff has proposed a reorganization of the R1 Development Standards table to be divided into two columns: one describing the citywide standard and another identifying when development can deviate from the citywide standard. This “Other Standards” column would also reference other relevant Zoning Ordinance sections that may relate to the specific standard in order to be more user-friendly. The reorganization of the table has also provided the ability to incorporate and consolidate multiple standards, many of which are currently found in subsections (A) – (H) which Table 9.07.030, into one table for ease of use. The new table organization is identified below:

22

A portion of the R1 development standards table in SMMC Section 9.07.030 showing the proposed formatting and organization of the development standards.

In addition, another concept for standardized development standards used throughout the proposed revisions has been to make many of the standards based on percentages of parcel area and dimensions. This method of calculation attempts to focus on proportionality for development on respective parcels in an equitable way and to result in development that is more consistent and compatible with the scale, mass, and character with its surrounding neighborhood.

Determining Residential Parcel Coverage

The current standards of determining residential parcel coverage pursuant to SMMC Section 9.04.100 have often led to confusion and various interpretations as to which parts of buildings and structures are considered parcel coverage. The lack of enough specific details in the current standards often results in the need for additional explanations or unnecessary delays in project reviews. Staff has proposed a reorganization and clarification of Section 9.04.100 to provide more details as to what areas of principal buildings and accessory buildings and structures are included and excluded in residential parcel coverage calculations. The clarifications aim to balance the allowance and encouragement of certain building projections and spaces without adding the appearance of undue massing and also to allow more design and architectural flexibility.

Accessory Buildings & Structures, Height Exceptions, and Projections Proposed modifications have been made to the Accessory Buildings and Structures (SMMC Section 9.21.020), Height Exceptions (SMMC Section 9.21.060), and Projection in Required Setbacks (SMMC Section 9.21.110) sections to better clarify and modernize the current allowances. This includes features such as electric vehicle charging equipment, tankless water heaters, and the differences between accessory buildings and accessory structures in regards to where they are permitted to be located on a parcel. Specific R1 related projections such as front porches have also been included for better organizational purposes relating to location.

23

Basements, Lightwells, and Excavation To standardized development standards throughout the R1 district, revisions are proposed to development standards pertaining to the openness and use of setbacks specifically in regards to basements and subterranean garages, lightwells and stairwells, and excavation for access. The proposed revisions largely relate to locating the development standards into the new R1 table, identifying what will be considered the general standards, and when deviations from standards are allowed. R1 Design Review No building or structure in the R1 district is subject to architectural review except for specific development listed in the R1 chapter such as duplexes or buildings located on sloped parcels (described below). The design review section of the R1 chapter also lists specific design modifications for R1 properties that the Architectural Review Board can approve. Currently, this section of the chapter has been considered confusing to understand in regards to what modification can be permitted and as to which relevant findings of fact are required to be made. Staff has proposed a reorganization of this section in order to be more user-friendly and has updated language to be consistent with other sections of Article 9 of the Zoning Ordinance. In addition, pursuant to Planning Commission direction, Architectural Review Board review of hillside projects is now proposed to be included in the North of Montana area to be standardized and consistent with the rest of the R1 areas. Other Issues Implementation and Timing of New Ordinance The IZO is currently scheduled to expire on November 15, 2019. Options to address the implementation of a new ordinance may include the following: the effective date of the new ordinance commences at IZO expiration, the new ordinance may reach back to a specified date, or an extended grace period for implementation possibly with an effective date beginning January 1, 2020 in which case a short extension of the IZO would be required. Staff will recommend an option for Council’s consideration. Parking Currently, the R1 zone district is the only district that requires required parking to be located within an enclosed garage and for it to be located in the rear half of the parcel unless there is no adjacent alley access. Through the various outreach efforts staff has heard the request to not require parking to be located within an enclosed garage and to provide more flexibility as to the allowable location of parking on a parcel. Based on Planning Commission direction, staff has proposed revisions to eliminate the requirement for an enclosed garage and to allow required parking to be located behind the front setback or the primary first-story façade facing a street, whichever is greater. However, access would still be required to be taken from an alley if an alley exists for new construction.

24

Hillside Development

At the June 19, 2019 Planning Commission study session, the Commission discussed hillside development but requested additional information to fully understand the issues being raised with respect to use of Segmented Average Natural Grade (SANG) and Average Natural Grade (ANG) for height measurement on hillside properties. Given the desire to ensure timely completion of the R1 update before expiration of the Interim Zoning Ordinance and that hillside parcels represent a relatively small fraction of R1 properties, the Commission directed staff to consider the creation of specific hillside development standards as a separate effort. The Commission also provided the following comments and observations for further study:

Ensure that hillside development standards reduce or eliminate the need to seek Variances.

How use of SANG and ANG affects height measurement and massing on hillside properties. There was reference to a comment letter received on this topic.

Hillside development standards should focus on how mass is perceived from the street.

Potential for different set of rules for downslope vs. upslope properties based on level of visible mass as viewed from the street.

View protection should not be a consideration or drive policy on hillside developments.

Staff agrees with this approach as the timely completion of the R1 update for the vast majority of parcels is necessary to provide certainty for homeowners. However, additional time is needed to fully analyze the complexities involved in hillside development in order to present policy options. The Zoning Ordinance has historically not included specific development standards for hillside development, and the application of standards meant for flat parcels has generally required many single-unit dwellings to seek modifications or Variances for technical third stories, technical building height increases (due to method of measurement), size of outdoor living area, and other questions regarding setbacks and identification of yards due to largely non-rectilinear parcels. Further, the application of standards meant for flat parcels has resulted in significant excavations or fill, large retaining walls, and also concerns about erosion and drainage to downslope properties. For this reason, staff will take additional time to study hillside development with the technical working group and the community and bring back policy options at a later meeting. As summarized in the June 2019 Planning Commission staff report, the technical working group provided the following comments with respect to hillside development:

Create specific R1 development standards for hillsides in order to reduce need for Variances.

Continue to require design review and potentially expand scope of review but threshold for sloped parcels may be too low.

Consider flexibility for upper-story outdoor space for hillside parcels.

Consider new way of measuring height on sloped parcels.

25

In reviewing all comments received thus far on this issue and taking into account the Planning Commission’s direction, the following is a conceptual framework for hillside developments that the Commission may discuss:

Create a new definition of “hillside development”. This definition would establish a new threshold for design review and ability to use development standards specific to hillside properties.

Require a slope analysis for hillside development, which must be prepared by a registered civil engineer or licensed land surveyor.

Exclude steep areas from the parcel area that may be used in the parcel coverage calculation (based on a slope analysis).

Consider whether areas with extreme slope on properties should be restricted from development except for landscaping and small accessory structures.

Allow accessory structures up to certain size threshold to be exempt from design review.

Limits on excavation.

Staff has also been reviewing the City of Los Angeles’ hillside ordinance in order to create greater consistency in review since many of Santa Monica’s hillside parcels border Los Angeles. Based on the Commission’s discussion and direction, staff will bring back recommendations at a future meeting. Accessory Dwelling Units In an effort to continue to make ADUs as feasible and livable as possible, staff has proposed a revision to outdoor exterior features standard which includes first-story roof decks, landings, upper-level walkways, and balconies. Currently, these features are limited to 35 square feet and must be set back at least 25 feet from the side property line closest to the structure and at least 25 feet from the rear property line or centerline of alley. This restriction has resulted in an undue burden on the development of ADUs, especially when located above an existing garage. Staff has therefore proposed a less-restrictive setback provision for these outdoor features to require a minimum 5-foot setback from side and rear parcel lines while prohibiting outdoor spaces on the rear elevation and side elevation closest to a side property line to ensure privacy for neighboring parcels. Staff is also monitoring the status of pending State legislation related to Accessory Dwelling Units. There are multiple bills currently pending in the State legislature that could require further revisions to the Zoning Ordinance, but any potential revisions will not be known until those bills become law. At such time, staff will return with any proposed changes to the ADU standards that may be required to be consistent with any changes to State law. Solar Access Comments regarding the impacts that new development may have on neighboring properties in regards to solar access has been discussed throughout the update

26

process. The concern is that new larger development will block the sun exposure to adjacent properties and will therefore diminish solar energy potential. However, this concern is a citywide issue and is not specific to the R1 zone district. Additionally, in consultation with the City’s Office of Sustainability and the Environment (OSE), blocking of solar access has not been identified as a substantial issue in Santa Monica’s residential neighborhoods, with only one issue having been reported. This is largely due to policies and development standards already in place regarding parcel size, height limits, and setbacks. The City also already has a process in place to address shading of solar systems by existing street trees. State laws currently exist that allow for voluntary solar easements between property owners and a means to address existing solar panels being shaded by new tree growth (Shade Control Act). However, a handful of cities nationwide have further enacted solar access policies and standards, such as “solar fences”. For this issue to be addressed, a new citywide ordinance would need to be adopted and goes beyond the scope of this update. Nevertheless, this issue will be relayed to the City Council for potential future consideration. If there are other examples of development blocking a property’s solar access, property owners are encouraged to contact OSE. Reduction of Permit Fees and Requirements for Additions and Remodels Comments from the technical working group and interested parties at the community open houses were provided in regards to the high cost of permit fees and other requirements for residential additions and remodels. Although this issue to not specific to just the R1 zone district and necessarily relevant to development standards, this issue will be relayed to the City Council for potential future consideration as it is evident that other factors such as this are related to development and the retention of existing homes. Next Steps

The City Council will adopt any final ordinance to amend the Zoning Ordinance and the R1 development standards. The Council is tentatively scheduled to review any potential modifications to the R1 development standards and any Planning Commission-recommended ordinance on September 24, 2019. Opportunities for additional public input and comment on the R1 development standards update will also be available at the City Council meeting. Environmental Analysis These proposed amendments to the Zoning Ordinance are categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The recommended modifications to the Zoning Ordinance relate to the City’s development standards for the R1 zoning district such as maximum height, parcel coverage, upper-story stepbacks, and upper-story outdoor open space. The modifications are administrative and are intended to guide the development of single-unit residential parcels. The modifications do not substantively affect policy decisions made with the City Council’s adoption of the

27

Zoning Ordinance, and no adverse physical impacts on the environment would occur as a result of these administrative changes. Therefore, no further environmental review under CEQA is required.

Alternative Actions:

In addition to the recommended action, the Planning Commission could consider the following with respect to the project: A1. Revise the proposed amendments and recommend adoption to City Council.

A2. Recommend that the City Council not adopt the proposed amendments

Text Amendment Findings 1. The proposed amendments to the text of the Zoning Ordinance are consistent

with the General Plan and any applicable Specific Plans in that the proposed revised development standards for the R1 District will preserve and protect the existing character of the City’s different residential single-unit neighborhoods and do not substantively affect policy decisions made with the City Council’s adoption of the General Plan or any applicable Specific Plans.

2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed revised development standards will ensure that adequate light, air, privacy and open space is provided for each dwelling; ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mas and character of the City’s existing residential single-unit neighborhoods; and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance that promote the public health, safety and welfare.

Prepared by: Tony Kim, Principal Planner

Ross Fehrman, AICP, Associate Planner Attachments

A. Resolution B. Proposed Redline Modifications

28

ATTACHMENT A

Resolution

1

Planning Commission Meeting August 7, 2019 Santa Monica, California

RESOLUTION NUMBER 19-015 (PCS)

(Planning Commission Series)

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA RECOMMENDING TO THE CITY COUNCIL THAT THE CITY

COUNCIL AMEND THE TEXT OF TO THE CITY’S ZONING ORDINANCE RELATED TO R1 (SINGLE-UNIT RESIDENTIAL) DEVELOPMENT STANDARDS

WHEREAS, the City of Santa Monica has expressly declared that the purpose of

the Single-Unit Residential District (the “R1 District”) is to provide for single-unit housing

on individual parcels at densities of one unit plus one attached or detached accessory

dwelling unit to suit the spectrum of individual lifestyles and space needs and ensure

continued availability of the range of housing opportunities necessary to meet the needs

of all segments of the community consistent with the General Plan and State law; and

WHEREAS, the City has expressly declared that the further purposes of the R1

District are to provide adequate light, air, privacy, and open space for each dwelling, and

to ensure that the scale and design of new development and alterations to existing

structures are consistent with the scale, mass, and character of the existing residential

neighborhood; and

2

WHEREAS, on February 13, 2018, the City Council adopted Interim Zoning

Ordinance Number 2569 (CCS) (“IZO 2569”) amending portions of Santa Monica

Municipal Code section 9.07.030 to revise development standards for maximum parcel

coverage, maximum building height, and additional minimum stepbacks for upper stories

in the R1 District; and

WHEREAS, prior to the adoption of IZO 2569, numerous neighborhood groups

and individual residents expressed concerns about the size and scale of new single-unit

dwellings being constructed within the City’s R1 Districts; and

WHEREAS, while this new construction generally complied with the development

standards for the R1 District in place at the time, they often doubled and even tripled the

dwelling’s square footage; and

WHEREAS, the resultant structures were out of character with the existing built

environment; and

WHEREAS, on April 10, 2018, the City Council adopted Interim Zoning Ordinance

Number 2572 (CCS) (“IZO 2572”) to extend the interim development standards adopted

by IZO 2569 until November 19, 2019 to allow the City to fully study and complete a public

outreach process to develop permanent revised standards, while preserving existing

neighborhood scale and character in the meantime; and

WHEREAS, since the adoption of IZO 2572 (CCS), staff has engaged in a review

process intended to reevaluate development standards in the R1 District to: address the

size of new home construction in relation to the existing neighborhood context and scale,

3

incentivize the retention of existing homes, and make development standards in the R1

District more user-friendly; and

WHEREAS, staff also engaged in a public outreach process that included seeking

input from of a technical working group consisting of architects, contractors, community

representatives and other design professionals with knowledge and experience working

on single-unit residential projects in the City; and

WHEREAS, staff further conducted three community open houses on May 18 and

21, 2019 to provide information and education to the public as well as gather additional

public input; and

WHEREAS, on June 19, 2019, the Planning Commission adopted a Resolution of

Intent, Resolution No. 19-013, declaring its intention to consider recommending to the

City Council that the City Council amend the test of the Zoning Ordinance related to

development standards in the R1 District; and

WHEREAS, on June 19, 2019, the Planning Commission conducted a preliminary

discussion of the potential amendments to the text of the Zoning Ordinance related to

development standards in the R1 District; and

WHEREAS, on August 7, 2019, the Planning Commission conducted a public

hearing to consider its recommendations to the City Council.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA

MONICA DOES RESOLVE AS FOLLOWS:

4

SECTION 1. Proposed amendments to the text of the Zoning Ordinance.

Pursuant to Santa Monica Municipal Code Section 9.46.060, the Planning Commission

does hereby recommend to the City Council that the City Council amend the text of the

City’s Zoning Ordinance, as set fort in Exhibit A attached to this Resolution. In making

this recommendation, the Planning Commission hereby finds and declares that, for the

reasons articulated above, in the staff report dated August 7, 2019, and below:

1. The proposed amendments to the text of the Zoning

Ordinance are consistent with the General Plan and any applicable

Specific Plans in that the proposed revised development standards

for the R1 District will preserve and protect the existing character of

the City’s different residential single-unit neighborhoods and do not

substantively affect policy decisions made with the City Council’s

adoption of the General Plan or any applicable Specific Plans.

2. The proposed amendments to the text of the Zoning

Ordinance are consistent with the purpose of the Zoning Ordinance

to promote the growth of the City in an orderly manner and to

promote and protect the public health, safety, and general welfare in

that the proposed revised development standards will ensure that

adequate light, air, privacy and open space is provided for each

dwelling; ensure that the scale and design of new development and

alterations to existing structures are consistent with the scale, mas

and character of the City’s existing residential single-unit

neighborhoods; and otherwise maintain the existing policies,

5

standards and regulations of the Zoning Ordinance that promote the

public health, safety and welfare.

SECTION 2. The Director of Planning and Community Development shall certify

to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full

force and effect.

APPROVED AS TO FORM: _________________________ LANE DILG City Attorney

6

Adopted this 7th day of August, 2019. ______________________________________________ LESLIE LAMBERT Vice-Chair, Planning Commission

I hereby certify that the foregoing Resolution No. 19-015 was duly and regularly introduced and approved at a meeting of the Planning Commission on the 7th day of August, 2019 by the following vote:

Ayes: Noes: Abstain: Absent: Attest:

______________________________________________ DAVID MARTIN, Director of Planning and Community Development

7

EXHIBIT A

[behind this page]

8

Chapter 9.04 RULES FOR MEASUREMENT

9.04.100 Determining Residential Parcel Coverage

Parcel coverage is the ratio of the total footprint area of all buildings and structures on a parcel to the parcel

area, typically expressed as a percentage. The footprints of all principal and accessory structures, including

garages, carports, and roofed porches, shall be summed in order to calculate parcel coverage. The following

buildings and structures shall be included in the calculation unless otherwise expressly excluded:

A. The area of a parcel directly covered by the footprint of all buildings or structures on the parcel;

B. The area of a parcel directly below any upper portion of a building or structure that is cantilevered

beyond the edge of the first level of a building or structure except for permitted projections as

specified in Section 9.21.110; and

C. The area of a parcel directly below those portions of any balcony, stairway, porch, platform, or deck

that is enclosed on at least three sides.

A. Areas of a parcel directly covered by the footprint of each story of all principal and accessory

buildings.

1. Excluded from Parcel Coverage. Parcel coverage does not include:

a. Areas covered or below permitted projections into minimum setback areas.

b. Areas below eaves, awnings, canopies, sun shades, sills, cornices, belt courses, and other

similar solid architectural features not within minimum setback areas projecting up to the

same distances as permitted in Section 9.21.110.

c. For principal buildings, first-story roofed front porches open on at least the front and one

side elevation not within minimum setback areas.

d. Greenhouse windows, bay windows, or similar architectural features not within minimum

setback areas projecting up to the same dimensions as permitted in Section 9.21.110.

e. Notwithstanding subsection (b) above, upper-story stepback areas open to the sky or

covered by a roof structure that is at least 50% open.

B. Areas of a parcel directly below a fully enclosed second-story cantilever.


a. Within the R1 district, areas totaling no more than 3% of the parcel area directly below a

fully enclosed second-story cantilever.

C. Areas in any single-story portion of the building that exceeds the height of the second-story shall

count towards second-story parcel coverage.

D. Areas of a parcel directly covered by the footprint of any solid roofed accessory structure.


a. Accessory structures open to the sky or covered by a roof structure that is at least 50%

open.

E. Outdoor spaces on each story directly covered by a solid roof or the floor of an upper-story

outdoor space.


a. First-story outdoor areas open on at least two sides that are covered or below a permitted

upper-story outdoor space.

b. Projecting upper-story outdoor space not within minimum setback areas open on at least

two contiguous sides and open to the sky or covered by a roof structure that is at least

50% open.

9

Chapter 9.07

SINGLE-UNIT RESIDENTIAL DISTRICT

9.07.030 Development Standards

Table 9.07.030 prescribes the development standards for the Single Unit Residential Districts. Additional

regulations are denoted with Section numbers in the right-hand column or with individual letters in

parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses

refer to Subsections that directly follow the table.

Within the R1 District, special standards apply to a number of specific geographic areas. These areas are

delineated as follows:

North of Montana. The area bounded by Montana Avenue, the northern City limits, 26th Street, and

Ocean Avenue.

Sunset Park. The area bounded by Lincoln Boulevard, Pico Boulevard, and the City limits to the east

and south.

North of Wilshire. The area bounded by Montana Avenue, 21st Court, Wilshire Boulevard, and the

City limits to the east.

Expo/Pico. The area bounded by Stewart Avenue, Exposition Boulevard, Centinela Avenue, and Pico

Boulevard.

The R1 District requirements are listed in three columns. The first column, “General Standard” (GS) lists

the regulations that apply throughout the R1 District unless otherwise specified. The “North of Montana,”

“Sunset Park/North of Wilshire,” and “Expo/Pico” columns identify the special standards that apply to

development in those areas. Where necessary to provide additional detail, the second, third, fourth, and fifth

columns also include a reference to Subsections that follow the table. The sixth column and Additional

Standards at the end of the table list and cross-reference additional development requirements applicable to

the R1 District.

10

Table 9.07.030: Development Standards—R1 Single-Unit Residential Districts

Standard General

Standard

North of

Montana

Sunset

Park/North

of Wilshire

Expo/Pico Additional

Standards

Parcel and Density Standards

Minimum Parcel

Area

(sq. ft.)

5,000 GS GS GS

Maximum Parcel

Area

(sq. ft.)

See

9.21.030(B) GS GS GS

Minimum Parcel

Width (ft.) 50

50 ft.; 100 ft.

in specific

subarea. See

(A)

GS GS

Minimum Parcel

Depth (ft.) 100

100 ft.; 175

ft. in specific

subarea. See

(A)

GS GS

Maximum

Residential Density

1 unit per

parcel plus 1

accessory

dwelling unit

subject to

Section

9.31.300. A

duplex may be

permitted with

MUP as

provided in

Table 9.07.020

GS GS GS

Maximum Parcel

Coverage (% of

Parcel Area)

35%; 50% for

one-story

structure not

exceeding 18

ft. in height

See (B) See (B) See (B)

Building Form and Location

Maximum Number of

Stories 2 GS GS GS


Parcels up to

20,000 sq. ft. in

area

28 32. See (C) GS GS

11


Standard General

Standard

North of

Montana

Sunset

Park/North

of Wilshire


Standards

Parcel greater

than 20,000 sq. ft.

in area and with a

front parcel line at

least 200 ft. in

length

28 ft. for flat

roof; 35 ft. for

pitched roof

GS GS GS

Minimum Setbacks (ft.)

Section

9.21.110,

Projections into

Required

Setbacks

Front Per Official Districting Map or 20 ft. if not specified

Each Interior

Side-Basic

Requirement –

Structures 18 ft. in

height or less

Greater of

10% of parcel

width or 3.5 ft.

but no more

than 15 ft.

required

GS GS

GS (for all

structures up

to the

maximum

height

limitation in

Expo/Pico)

Aggregate of Both

Interior Sides –

Structures over 18

ft. in height

30% of parcel

width, but no

more than 45

ft. required

and at least

10% of the

parcel width,

or a minimum

of 3.5 ft.,

whichever is

greater. See

(D)

GS GS NA

Rear 25 GS GS GS

Garage Setbacks See Section 9.28.070(A)(1)


12


Standard General

Standard

North of

Montana

Sunset

Park/North

of Wilshire


Standards

Front—Any

portion of front

elevation above 14

ft. in height and

exceeding 75% of

maximum

buildable front

elevation*

Average

amount equal

to 4% of

parcel depth

but no more

than 10 ft.

required

Average

amount equal

to 8% of

parcel depth

but no more

than 12 ft.

required

GS GS

Rear—Any portion

of rear elevation

above 14 ft. in

height and

exceeding 75% of

maximum

buildable rear

elevation*

Average

amount equal

to 4% of

parcel depth

but no more

than 10 ft.

required

30% of parcel

depth but no

more than 40

ft. required

GS GS

Sides—Portions of

building above 14

ft. in height and

exceeding 50% of

maximum

buildable side

elevation*

1 ft. for every

2 ft. 4 in. of

height above

14 ft. and up

to 21 ft.

(measured

from

minimum

required side

setback line)

GS GS GS

Sides—All

portions of

buildings

exceeding 21 ft. in

height

See (E)

(measured

from

minimum

required side

setback line)

See (E)

(measured

from

minimum

required side

setback line)

GS GS

Roof Decks

Additional 3

ft. from

normally

required

setback

12 ft. from

any interior

property line.

See (F)

GS GS

13


Standard General

Standard

North of

Montana

Sunset

Park/North

of Wilshire


Standards

Limitations on

Upper-Story

Balconies and Roof

Decks

NA

Aggregate

area may not

exceed 400

sq. ft. Must

be set back

12 ft. from

interior

property

lines. See (F)

NA NA

Openness and Use of Setbacks

Maximum Front

Setback Paving (% of

required front setback

area)

Parcels 25 ft. or

more in width 50% 40% GS GS

Parcels less than

25 ft. in width 60% GS GS GS

Special Standards -

Building Projections

into Required

Setbacks

See (G) See (G) See (G) See (G)

Section

9.21.110,

Projections into

Required

Setbacks

Excavation for

Lightwells,

Stairwells, and

Access to

Subterranean Garages

and Basements

See (H) See (H) See (H) See (H)

Vehicle Accommodation

Parking See Sections 9.28.070, Location of Parking and Section

9.28.120, Parking Design and Development Standards

Section

9.28.070(A)(1),

Above Ground

Parking—

Residential

Districts

Required in

enclosed garage

14


Standard General

Standard

North of

Montana

Sunset

Park/North

of Wilshire


Standards

Driveways On parcels less than 100 ft. in width, no more than one

driveway permitted

Section

9.28.120,

Parking Design

and

Development

Standards

Architectural Review

Architectural Review See Section 9.07.030(I)

Additional Standards

Accessory Structures Section 9.21.020, Accessory Buildings and Structures

Exceptions to Height

Limits Section 9.21.060, Height Exceptions

Fences and Walls Section 9.21.050, Fences, Walls, and Hedges

Home Occupation Section 9.31.160, Home Occupation

Landscaping Chapter 9.26, Landscaping

Lighting Section 9.21.080, Lighting

Off-Street Parking

and Loading Chapter 9.28, Parking, Loading, and Circulation

Projections into

Required Setbacks Section 9.21.110, Projections into Required Setbacks

Solar Energy Systems Section 9.21.150, Solar Energy Systems

Refuse and Recycling

Screening and

Enclosure

Section 9.21.130, Resource Recovery and Recycling Standards

Private Tennis Courts Section 9.31.250, Private Tennis Courts

* As used in this Chapter, the term “maximum buildable elevation” means the maximum potential

width or length of the elevation permitted by this Ordinance, which includes the applicable parcel

width or length minus the required minimum setback.

A. Parcel Width and Depth—Sub-area of North of Montana. For parcel bounded by the centerlines

of First Court Alley, Seventh Street, Montana Place North Alley, and Adelaide Drive, the minimum

parcel width is 100 feet and the minimum parcel depth is 175 feet.

B. Maximum Parcel Coverage—Specific Areas.

1. North of Montana.

a. For parcels with a ground floor parcel coverage of no more than 35 percent, the maximum

second floor parcel coverage, including the second floor of all accessory structures, shall

not exceed 26 percent of the parcel area. Second floor parcel coverage may be increased

up to a maximum of 30 percent of the parcel area if the ground floor square footage is

reduced by an equivalent amount. Conversely, the ground floor parcel coverage may be

increased to a maximum of 40 percent if an equivalent amount is reduced on the second

15

floor. Parcels with only one-story structures not exceeding 18 feet in height may have a

maximum parcel coverage of 50 percent. For purposes of this subsection, the area in any

single story portion of the structure that exceeds the height of the second floor elevation

shall count towards second floor parcel coverage, except where the roofline of the single

story portion does not exceed 18 feet in height.

b. The area of any patio, balcony, roof deck or terrace open on less than 2 sides shall count

towards parcel coverage and shall count for second floor parcel coverage if the floor line

is above 14 feet in height.

2. Sunset Park/North of Wilshire.












3. Expo/Pico.

a. The maximum parcel coverage shall be 40 percent, except that parcel between 3,001 and

5,000 square feet in area may have a parcel coverage of no more than 50 percent, and parcel

of 3,000 square feet or smaller may have a parcel coverage of no more than 60 percent.

C. Maximum Building Height—Additional Standards

North of Montana. On parcels of less than 20,000 square feet, the maximum building height shall be

32 feet, except that for a parcel with greater than 35 percent parcel coverage, the maximum building

height shall be one story, not to exceed 18 feet.

D. Side Setbacks—Structures over 18 feet in Specific Areas. In the Sunset Park and North of

Wilshire areas, the aggregate side setback requirement for structures over 18 feet do not apply to the

following:

1. New structures on parcels that are 45 feet or less in parcel width;

2. Additions to existing structures on parcels that are less than 50 feet in width; and

3. Any development on parcels that are less than 5,000 square feet in area.

4. If modified by the Architectural Review Board in accordance with Section 9.07.030(I)(6)(d) and

(7).

E. Required Stepbacks above Minimum Height

1. Additional Side Stepback Above 21 Feet in Height. Buildings above 21 feet in height shall not

project above a plane as defined below:

a. General Standard. No portion of a building, except permitted projections, shall intersect a

plane commencing 21 feet in height at the minimum side setback and extending at an angle

of 45 degrees from the vertical toward the interior of the site. The 21-foot height

measurement shall be taken from the same reference grade as determined for the subject

site pursuant to Section 9.04.050.

b. North of Montana. No portion of the building, except permitted projections, shall intersect

a plane commencing 21 feet in height at the minimum side setback and extending at an

angle of 30 degrees from the horizontal toward the interior of the parcel. The 21-foot height



16

2. Roof Decks. Roof decks shall be set back at least 3 feet from the minimum side setback line.

The height of any railings or parapets associated with such roof decks shall not exceed the

maximum allowable building height for the structure.

3. Modifications to Required Stepbacks. Required stepbacks may be modified pursuant to Chapter

9.43, Modifications and Waivers and, if deemed necessary by the Director, review and approval

by the Architectural Review Board.

F. Standards for Upper Story Balconies and Roof Decks—North of Montana. In the North of

Montana Area, the following limitations apply:

1. Maximum Area. The aggregate square footage of second floor balconies, terraces or roof decks

shall not exceed 400 square feet.

2. Setbacks. Any individual second floor balconies, terraces, or roof decks greater than 50 square

feet in area and located in the rear two-thirds of the parcel shall be set back 12 feet from any

property line.

G. Building Projections into Required Setbacks. Notwithstanding the provisions of Section 9.21.110,

Projections into Required Setbacks, the following provisions apply in the R1 District:

1. Exterior stairs and required fire escapes shall not project into the required front or side setback

areas in the North of Montana area.

2. Porte cocheres not more than 20 feet long, not more than 14 feet in height including railings or

parapets, and open on three sides may project into a required side yard but may not be closer

than 3 feet to the parcel line or as required by Building Code.

3. Balconies and porches open on at least two sides with a height of no more than 14 feet, including

parapets and railings, that do not exceed 50 percent of the front building width measured at the

front façade may project up to 6 feet into the required front setback. Stairs less than 3 feet above

finished grade may project an additional 4 feet into the required front setback.

H. Excavation in Required Setbacks. In addition to the provisions of Section 9.21.110, Projections

into Required Setbacks, the following limitations apply to development in the R1 District.

1. Basements and Subterranean Garages. No basement or subterranean garage shall extend into

any required yard setback area, except for any basement or garage located beneath an accessory

building which is otherwise permitted within a yard area, if such basement, semi-subterranean

or subterranean garage is located at least 5 feet from any property line.

2. Lightwells and Stairwells.

a. General Standard. Up to a total of 50 square feet of area in the side and rear setbacks may

be utilized for lightwells or stairways to below-grade areas of the main building and any

accessory buildings.

b. North of Montana. Side and rear setbacks may be utilized for lightwells or stairways to

below-grade areas of the main building and any accessory building provided such

excavated area is set back a minimum of 10 percent of the parcel width from the property

line.

3. Excavation for Access to Subterranean Structures.

a. General Standard. Excavation in the front setback area for a driveway, stairway, doorway,

lightwell, window, or other such element to a subterranean or semi-subterranean garage or

basement shall be no deeper than 3 feet below existing grade. The Architectural Review

Board may approve a modification to allow excavations to extend into the front setback for

parcels with an elevation rise of 5 feet from the front property line to a point 50 feet towards

the interior of the site if it finds that topographic conditions necessitate that such excavation

be permitted.

b. North of Montana. In the North of Montana Area, no excavation for a driveway, stairway,

doorway, lightwell, window, or other such element to a subterranean or semi-subterranean

garage or basement shall be permitted in the front setback area. This prohibition shall not

be modified by the Architectural Review Board or by the procedures of Chapter 9.43,

Modifications and Waivers.

17

I. Architectural Review. No building or structure in the R1 Single-Unit District shall be subject to

architectural review pursuant to the provisions of this Chapter except:

1. Properties installing roof or building-mounted parabolic antennae (only with respect to the

antennae and screening);

2. Duplexes;

3. Any structure above 14 feet in height that does not conform to the required yard stepbacks for

structures above 14 feet in height;

4. Any structure that does not conform to the limitations on access to subterranean garages and

basements;

5. Any development in the North of Montana area with regard to the following conditions only:

a. Any development with an aggregate square footage of second floor balconies, terraces or

roof decks which exceeds 400 square feet.

b. Any structure with garage doors facing the public street within the front one-half of the

parcel which are not set back from the building façade a minimum of 5 feet and/or are more

than 16 feet in width.

c. Any structure with balconies or porches open on at least 2 sides with a maximum height of

14 feet including parapets and railings, which project into the required front yard and which

exceed 50 percent of the front building width measured at the front façade.

d. Any structure with side yard setbacks that do not conform with Section 9.07.030 but which

has minimum setbacks for each side yard equal to 10 percent of the parcel width.

6. Any development in the North of Wilshire and Sunset Park areas with regard to the following

conditions only:

a. Any structure associated with a new residential building, substantial remodel, or a 50

percent or greater square foot addition to an existing home located on a parcel with a grade

differential of 12.5 feet or more between the front and rear parcel lines. The Architectural

Review Board may approve projects pursuant to this subdivision (a) of subsection (6) if

the following finding of fact is made: the size, mass, and placement of the proposed

structure is compatible with improvements in the surrounding neighborhood. No other

findings of fact are required.

b. Any addition of 500 square feet or less, which is regarded as a third story and therefore not

otherwise permitted for an existing residential structure, located on a parcel with a grade

differential of 12.5 feet or more between the front and rear parcel lines, may be approved

if the following findings of fact are made:

i. The street frontage and overall massing are compatible with the existing scale and

neighborhood context;

ii. The addition does not enlarge the first floor of the existing residence such that a

nonconforming condition is expanded; and

iii. The properties in the immediate neighborhood will not be substantially impacted.

c. Any structure with garage doors facing the public street within the front one-half of the

parcel which are not set back a minimum of 5 feet from the front setback line and/or are

more than 16 feet in width.

d. Any structure on a parcel that is 50 feet or more in width that does not comply with Section

9.07.030(D).

e. Any structure with balconies or porches open on at least 2 sides with a maximum height of



7. The Architectural Review Board may approve the design modifications set forth in Section

9.07.030(I)(5) provided all the following findings of fact are made and may approve the design

modifications set forth in Section 9.07.030(I)(6)(c) through (6)(e) provided that all of the

following findings of fact, except subdivision (e) of this subsection (7), are made:

18

a. There are special circumstances or exceptional characteristics applicable to the property

involved, including size, shape topography, surroundings, or location of the existing

improvements or mature landscaping on the site.

b. The granting of the design modification will not be detrimental nor injurious to the property

or improvements in the general vicinity and district in which the property is located.

c. The granting of the design modification will not impair the integrity and character of this

R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties.

d. In the case of additions to buildings in the City’s Historic Resources Inventory, the design

modification is compatible with the building’s historic architectural character, does not

result in the removal of historic building features, and the addition is consistent with the

Secretary of the Interior Standards for Rehabilitation.

e. The design modifications also comply with the criteria established in Section 9.55.140.

Any applicant for a development subject to architectural review under these provisions

shall provide certification of notice to all owners and commercial and residential tenants

of property within a radius of 300 feet from the exterior boundaries of the property involved

in the application, not less than 10 days in advance of Architectural Review Board

consideration of the matter, which notice and certification thereof shall be in a form

satisfactory to the Director.

8. Any existing structure that would not comply with the minimum side yard setback of 10 percent

of the parcel width required by Section 9.07.030 due to the combination of 2 contiguous parcels

into a single building site. The Architectural Review Board may approve a modification to the

minimum side yard setback provided the following findings of fact are made:

a. Only one of the side yard setbacks for the existing structure would become nonconforming

due to the combination of contiguous parcels.

b. This nonconforming side yard setback would not physically change.

c. The aggregate setback on the combined lots shall be a minimum of 30 percent of the total

combined lot width.

d. The combined lot width shall not exceed 120 feet.

e. The granting of the design modification will not be detrimental nor injurious to the property


9. In the event the property owner seeks to re-divide a parcel created through the combination of

contiguous lots after the Architectural Review Board has acted pursuant to subsection (8) of this

Section, the Architectural Review Board may approve such a re-division provided the following

finding of fact is made:

a. No construction has taken place since the original combination of parcels.

19

Table 9.07.030 prescribes the development standards for the Single-Unit Residential (R1) District.

Additional regulations, including incentives for the retention of existing homes, are denoted with Section

numbers throughout the table, while specific R1 District design review criteria is located directly following

the table.

Table 9.07.030: Development Standards—Single-Unit Residential District



Minimum Parcel

Area

(sq. ft.)

5,000

Maximum Parcel

Area

(sq. ft.)

See Section 9.21.030(B)

Minimum Parcel

Width (ft.) 50

For parcels bounded by the centerlines of

First Court Alley, Seventh Street, Montana

Place North Alley, and Adelaide Drive, the

minimum parcel width is 100 ft. and the

minimum parcel depth is 175 ft.

Minimum Parcel

Depth (ft.) 100

Maximum

Residential Density

1 unit per parcel plus 1 Accessory

Dwelling Unit subject to Section

9.31.300

A duplex may be permitted with an MUP as

provided in Table 9.07.020.


One-story

structure less than

18 ft. in height

50

For parcels less than 5,000 sq. ft., a

minimum parcel coverage equaling

2,500 sq. ft. shall be permitted.

Two-story

structure or one-

story structure 18

ft. or more in

height

50% aggregate

with no more than 25% on the

second story


minimum parcel coverage equaling

2,500 sq. ft. shall be permitted with

no more than half the allowable

square footage on the second story.

Accessory

Dwelling Unit

Exempt from parcel coverage in R1

district See Section 9.31.300


Maximum Number of

Stories 2


Parcels up to

20,000 sq. ft. in

area

28 ft.


20



Parcels greater

than 20,000 sq. ft.

in area and with a

front parcel line at

least 200 ft.

in length



Projections into

Height Limits See Section 9.21.060, Height Projections


Front Per Official Districting Map or 20 ft.

if not specified

Side - One-story

structure less than

18 ft. in height

10% of parcel width or 3.5 ft.,

whichever is greater, but no more

than 15 ft. required

Side - Aggregate

of both sides for a

two-story structure

or one-story

structure 18 ft. or

more in height

30% of parcel width:

No more than 45 ft. required

Each side shall be at least 10% of the parcel width or 3.5 ft., whichever is greater

For structures over 18 ft., the aggregate side

setback requirement does not apply to the

following:

New structures on parcels that are 45

ft. or less in parcel width

Additions to existing structures on

parcels that are less than 50 ft. in

width

Any development on parcels that are

less than 5,000 sq. ft. in area

Rear 15 ft. from rear parcel line


21



Front Upper-Story

Stepback

Minimum Area Required: Average

amount equal to 1% of parcel area.

Stepback areas shall be a minimum depth of 3% of parcel depth and shall be measured from the required front setback.

Stepback areas greater in depth than 6% of parcel depth from the required front setback shall not be included in the calculations for compliance with this standard.

Areas used to comply with the side upper-story stepback requirements shall not be included in the calculations for compliance with this standard.

This standard shall apply to the total front building elevation

22



Side Upper-Story

Stepbacks

Minimum Area Required: Average

amount equal to 1% of parcel area.

Stepback areas shall be a minimum depth of 20% of parcel width and shall be measured from the side parcel line.

Stepback areas greater in depth than 25% of parcel width from the side parcel line shall not be included in the calculations for compliance with this standard.

Areas used to comply with the front upper-story stepback requirement shall not be included in the calculations for compliance with this standard.

This standard shall apply to each total side building elevation.

Sides—All

portions of

buildings

exceeding

23 ft. in height

No portion of a building, except permitted projections, shall intersect a plane commencing at 23 ft. in height at the minimum side setback that extends at an angle of 45-degrees from the vertical toward the interior of the site.

The 23 ft. height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.


23



Maximum Size of

Individual

Balcony, Terrace,

Deck, First-Story

Roof Deck, or

Similar Outdoor

Space

3% of parcel area or 300 sq. ft.,

whichever is less

Individual outdoor spaces larger than 100 sq.

ft. located in the rear half of the parcel shall

be set back a minimum distance of 20% of

the parcel width from the side parcel lines.

Maximum Size of

Roof Deck above

Second Story


whichever is less Maximum of 1 per parcel with a 5 ft.

minimum setback from edges of building


Maximum Front Setback Paving (% of required front setback area)

Parcels 25 ft. or

more in width 50%

Parcels less than

25 ft. in width 60%

Building Projections

into Setbacks See Section 9.21.110, Projections into Required Setbacks

Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements

Basements and

Subterranean

Garages

No basement or subterranean garage

shall extend into any setback area,

except for any basement or garage

located beneath an accessory

building which is otherwise

permitted within a setback area, if

such basement, semi-subterranean,

or subterranean garage is located at

least 5 ft. from any parcel line.

Lightwells and

Stairwells

Side and rear setbacks may be utilized for lightwells or stairways to below-grade areas.

Excavated areas shall be set back a minimum of 10% of the parcel width from any parcel line measured to the interior wall surface of these excavated areas.

For parcels where the aggregate side

setback is not required, up to a total of 50

sq. ft. within the side and rear setbacks

may be utilized for lightwells or

stairways to below-grade areas.

Retaining walls shall not be included in

calculations for these excavated areas.

Excavation for Access

Excavation in the front setback area for a

driveway, stairway, doorway, or other such

element for access purposes shall be no deeper

than 3 ft. below existing grade.

24




Parking See Sections 9.28.070, Location of Parking

Section 9.28.120, Parking Design and Development Standards

Driveways

On parcels less than 100 ft. in width, no more than one driveway permitted

See Section 9.28.120, Parking Design and Development Standards

Incentives for Retention of Existing Homes

Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks

Modifications to

Development

Standards

Chapter 9.43 Modification and Waivers


Architectural Review See Section 9.07.030(A)


Accessory Buildings

and Structures Section 9.21.020, Accessory Buildings and Structures

Accessory Dwelling

Units Section 9.31.300, Accessory Dwelling Units

Basements Section 9.52.020.0230, Basement Definition

Fences, Walls, and

Hedges Section 9.21.050, Fences, Walls, and Hedges




Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation


Projections from

Buildings into

Minimum Setbacks

Section 9.21.110, Projections from Buildings into Minimum Setbacks

Projections into

Height Limits Section 9.21.060, Height Projections


Screening and

Enclosure

Section 9.21.130, Resource Recovery and Recycling Standards


A. Architectural Review. No building or structure in the R1 Single-Unit District shall be subject to


1. Duplexes pursuant to the criteria established in Section 9.55.140.

25

2. Any development associated with a new residential building or a 50 percent or greater square foot

addition to an existing dwelling unit located on a parcel with a grade differential of 12.5 feet or

more between the front and rear parcel lines. The Architectural Review Board may approve projects

provided that the following findings of fact are made:

a. The size, mass, and placement of the proposed structure is compatible with improvements in

the surrounding neighborhood.

3. Any addition of 500 square feet or less, which is regarded as a third story and therefore not

otherwise permitted for an existing residential structure, located on a parcel with a grade differential

of 12.5 or more between the front and rear parcel lines. The Architectural Review Board may

approve projects provided that the following findings of fact are made:

a. The street frontage and overall massing are compatible with the existing scale and


b. The addition does not enlarge the first-story of the existing residence such that a nonconforming

condition is expanded; and

c. The properties in the immediate neighborhood will not be substantially impacted.

4. Any development with regard to the following conditions:

a. Any new structure on a parcel that is more than 45 feet in width or an addition to an existing

structure on a parcel 50 feet or more that does not comply with the minimum aggregate side

setback, but which is set back a minimum of 10% of parcel with on each side.

b. Any two-story structure that does not conform to the additional minimum stepbacks for upper

stories

c. Any structure that does not conform to the limitations on access to subterranean garages and

basements.

d. Any development with an individual upper-story outdoor space greater than the permitted

area for the parcel.

e. Any development with an individual upper-story outdoor space greater than 100 square feet

in the rear half of the parcel that is not set back a minimum distance of 20% of the parcel

width from the side parcel lines.

f. Any structure with garage doors facing the public street within the front half of the parcel

which are not set back from the primary façade facing a street a minimum of 5 feet and/or

are more than 16 feet in width.

g. Any structure with a first-story porch or second-story balcony open on at least 3 sides with a

height of no more than 14 feet, including parapets and railings, which project into the

minimum front setback and which exceed 50 percent of the front building width measured at

the front façade.

5. Design modifications set forth in subsection (4) above may be approved by the Architectural

Review Board provided that the following findings of fact are made:


involved, including size, shape, topography, surroundings, or location of the existing

improvements or mature landscaping on the site;

b. The granting of the design modification will not be detrimental nor injurious to the property or

improvements in the general vicinity and district in which the property is located;

c. The granting of the design modification will not impair the integrity and character of

surrounding context, nor impact the light, air, open space, and privacy of adjacent properties;

d. In the case of additions to buildings on the City’s Historic Resources Inventory an additional

finding that the modification is compatible with the building’s historic architectural character,

does not result in the removal of historic building features, and the addition is consistent with

the Secretary of the Interior Standards for Rehabilitation shall be made; and


26

Chapter 9.21 GENERAL SITE REGULATIONS

9.21.020 Accessory Buildings and Structures

Accessory buildings and structures shall conform to the same property development standards as main

buildings except as required by this Section. Accessory buildings in Residential Districts shall include,

including, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and

other buildings structures that are detached from the main principal building. Accessory structures in

Residential Districts shall include, but be not limited to, unenclosed carports, gazebos, cabanas, or other

similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters,

or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits;

above ground swimming pools and spas; and other structures with a fixed location that are detached from

the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory

building and structures shall be erected, structurally altered, converted, enlarged, moved, and maintained,

in compliance with the following regulations:

A. Relation to Existing Structures Principal Buildings. An accessory building may only be

constructed on a parcel with a legally-permitted mainprincipal building. An accessory building will

be considered part of the principal building if the accessory building is located less than 6 feet from

the principal building or if connected to it by fully enclosed space.

B. Dwelling Units in Accessory StructuresBuildings. An accessory building on a parcel occupied by

a single-unit detached structure may only be used as a separate dwelling unit in compliance with the

requirements of Section 9.31.300, Accessory Dwelling Units.

C. Accessory Buildings and Structures up to 14 Feet in Residential Districts. Accessory buildings

and structures not more than 14 feet or one story in height shall conform to the following standards:

1. Location.

a. Accessory buildings shall be located on the rear half of the parcel and shall not extend into

the required minimum side yard setback except as authorized pursuant to subsections (b)

and (c) below.

b. Accessory buildings no more than 14 feet in height may be located in the rear setback but

shall be located at least 5 feet from the rear parcel line. A garage or garage portion of such

an accessory building may extend up to one interior side parcel line within the rear 35 feet

of a parcel.

c. A garage or garage portion of an accessory building may extend to the rear parcel line

abutting an alley, provided that vehicle access is not taken from the alley. Where vehicle

access is taken from an alley, garages shall be set back at least 5 feet from the rear parcel

line abutting said alley.

d. Accessory buildings may be located in a requiredthe rear setback and shall be located at

least 15 feet from the centerline of a rear alley.

e. Accessory structures shall not be located within any front or minimum side setback unless

expressly authorized below:

i. Fountains, fire pits, and similar ornamental landscape features not to exceed 42

inches in height.

ii. Underground mechanical equipment.

2. Dimensions.

a. On a reversed corner parcel, accessory buildings shall not be located nearer to the street

side parcel line of such corner parcel than one-half of the front setback depth required on

the key parcel, nor be located nearer than 5 feet to the side parcel line of any key parcel.

27

b. Any accessory building on a through parcel shall not project into any front setback and

shall not be located in any requiredminimum side setback.

3. Sloped Parcels.

a. Where the elevation of the ground at a point 50 feet from the front parcel line of a parcel

and midway between the side parcel lines differs 12 feet or more from the curb level, a

private garage, not exceeding one story nor 11 feet in height for a flat roof and one story

nor 14 feet in height for a pitched roof, may be located within the required front setback,

provided that every portion of the garage building is at least 5 feet from the front parcel

line and does not occupy more than 50 percent of the width of the front parcel line.

b. In all OP Districts, a garage or garage entrance on a parcel with an existing grade

differential of 10 feet or more between the midpoint of the front parcel line and the

midpoint of the rear parcel line may be set back a distance equal to the average garage

setback of adjacent garage(s), but not less than 5 feet, when the interior garage width does

not exceed 20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a

pitched roof.

4. Facilities. Except for Accessory Dwelling Units established in compliance with Section

9.31.300 of this Ordinance, accessory buildings may not contain kitchens or full baths. An

accessory building that is not an approved Accessory Dwelling Unit may contain a sink and

toilet, but may not contain a shower or tub enclosure. A shower that is outside and unenclosed

is permitted.

D. Accessory Buildings over One Story or 14 Feet in Residential Districts. Accessory buildings and

structures that exceed 14 feet or one story in height may only be erected, structurally altered,

converted, enlarged, or moved in any Residential District in conformance with shall conform to the

following regulationsstandards:

1. Maximum Floor Area. The total floor area of an accessory building that exceeds 14 feet or one

story in height shall not exceed 650 square feet including any area approved for use as a garage.

No accessory building shall have a second floor that exceeds 250 square feet in size. Accessory

Dwelling Units are exempt from this requirement pursuant to Section 9.31.300.

2. Maximum Building Height. The accessory building shall not exceed two stories or 24 feet in

height.

3. Setbacks. The accessory building shall conform to all setback requirements of the Residential

District and the following requirements:

a. A one-story garage or the garage portion of an accessory building may extend into the rear

setback and may extend to one interior side property line on the rear 35 feet of a parcel. if

the second-story has a minimum separation of 20 feet from the second-story of the principal

building.

b. The accessory building shall have the same minimum side setback requirement as the

principal building on the parcel, but in no case less than 5 feet.

c. The second story portion of an accessory building that is directly above the garage may

extend into the required rear setback but shall be no closer than 15 feet from the centerline

of the alley or 15 feet from the rear property line where no alley exists, and may not extend

into any required minimum side setback.

4. Exterior Features. In the North of Montana areaSingle-Unit Residential District, first-story roof

decks, landings, upper level walkways, and balconies on accessory buildings, not including

Accessory Dwelling Units, shall not exceed 35 square feet in area and must be set back at least

25 feet from the side property line closest to the structure, and at least 25 feet from the rear

property line, or if an alley exists, 25 feet from the centerline of the alley. Roof decks above the

second-story are prohibited.

5. Design Compatibility. The architectural design of the accessory building shall be compatible

with the design of the principal dwelling and surrounding residential development in terms of

building form, materials, colors, and exterior finishes.

28

6. Kitchen. The accessory building shall not contain a kitchen unless specifically permitted as an

Accessory Dwelling Unit pursuant to Section 9.31.300, Accessory Dwelling Units.

7. Full Bath. The accessory building may contain a sink and toilet, but shall not contain a shower

or tub enclosure unless specifically permitted as an Accessory Dwelling Unit pursuant to Section

9.31.300. A shower that is located outside and unenclosed may be permitted.

8. Renting. No accessory building shall be rented for any purpose or otherwise used as an

Accessory Dwelling Unit unless specifically pursuant to Section 9.31.300.

29

9.21.060 Height ExceptionsProjections No structure shall project above the height limits established in this Article except as specified in this

Section.

A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum

permitted projection(s) above the height limit of a building for structures that are typically mounted

or attached to a building. These projections are by right, with no discretionary permit required. Table

9.21.060 also establishes limitations in the horizontal coverage of permitted projections. Some

allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the

Single-Unit Residential (R1) district, allowed height projections into the minimum side stepback

areas above 23 feet shall be permitted. None of these projections shall permit occupiable space

above the height limit. The total aggregate coverage of projections shall not exceed 30 percent of a

roof’s area. This limitation shall not apply to solar energy systems (see Section 9.21.150).

TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS

Structure

Maximum Aggregate

Coverage of Building’s

Roof Area (%); Other

Locational Restrictions

Maximum Vertical

Projection (ft.) Above the

Height Limit*

Projections Allowed in All Zoning Districts:

Skylights No limit 1 ft.

Skylights on flat roofs 30%; May not be located within

5 ft. of any edge of the roof 5 ft.

Chimneys, vent stacks 5% 5 ft.

Windscoops 5% 5 ft.

Solar energy systems located on a rooftop See Section 9.21.150 See Section 9.21.150

Antennas

One standard television receive-only

nonparabolic antenna and one vertical whip

antenna

10%; May not be located

between the building and any

street-facing parcel line.

25 ft.

Other antennas See Chapter 9.32, Telecommunications Facilities

Parapets, fire escapes, catwalks, and open guard rails

required by law As required by law As required by law

Projections Allowed in All Districts Except R1 and OP-1 Districts:

Non-occupiable features such as steeples, spires,

towers, domes, and cupolas 10% 10 ft.

Rooftop features for outdoor living areas, such as

sunshade, open railings, trellises, and landscaping 25% 10 ft.

Elevator shafts 15% 18 ft.* above the roofline

Stairwells 25% 14 ft.* above the roofline

Mechanical rooms and enclosures 25% 12 ft.* above the roofline

Ventilating fans, water tanks, cooling towers, or

other equipment required to operate and maintain a

building, along with screening of such equipment

required by Section 9.21.140, Screening

Total area enclosed by all

screening may not exceed 30%

of roof area

12 ft.

30

9.21.110 Projections from Buildings into RequiredMinimum Setbacks

Table 9.21.110 sets forth the requirements for permitted projections from buildings into requiredminimum

setbacks. Development in the R1 District is subject to the additional standards of Section 9.07.030(G); in

the case of any conflict, the regulations of the base District shall supersede those of this Section. In the

Single-Unit Residential (R1) district, only expressly authorized projections into the minimum side stepback

areas above 23 feet shall be permitted. Projections shall not be permitted closer than 4 feet to any parcel

line unless otherwise expressly authorized. Projections as listed below into existing, nonconforming setback

areas shall be permitted only if the projection does not extend closer to the parcel line than would be

permitted if the setback area conformed to current standards. The types of projections and the limitations

on such projections into requiredminimum setbacks are permitted subject to Chapter 4.12, Noise; Section

9.31.180, Hazardous Visual Obstructions; and compliance with the California Building Code as follows:

TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS

Projections Front

Setback

Street Side

Setback

Interior

Side

Setback

Rear

Setback

Eaves, awnings, canopies, sun shades, sills, cornices, belt

courses, trellises, arbors, and other similar architectural

features (projections shall not be closer than 1.5 feet to any

property line)

(also permitted within R1 stepback areas above 23 feet)

30 in.

(no closer

than 1.5 ft. to

parcel line)

30 in.

(no closer

than 1.5 ft, to

parcel line)

1824 in.

(no closer than

1.5 ft. to parcel

line)

4 ft.

(no closer

than 1.5 ft. to

parcel line)

Flues, chimneys, water heater enclosuresrain gutters,

downspouts, and similar vertical architectural projections

not more than 5 ft. wide parallel to the side setback and

that do not exceed 20% of the façade width

All setbacks:

18 in. for structures with conforming setbacks;

12 in. for structures with nonconforming setbacks

Patios, porches, platforms, decks, and other unenclosed

areas not covered by a roof or canopy and that may be

raised above the level of the adjacent setback but do not

extend more than 3 ft. above the average natural grade

except for guard rails to the extent legally required

6 ft. 6 ft.

No limit

(can extend to

parcel line)

No limit

(can extend to

parcel line)

In the R1 District, first-story porches and second-story

balconies open on 3 sides with a height of no more than 14

ft., including parapets and railings, that do not exceed 50%

of the front building width measured at the front façade.

6 ft. Not permitted Not permitted Not permitted

In the R1 District, stairs with no roof or canopy less than 3

ft. above finished grade associated with a first-story front

porch projection

4 additional

feet Not permitted Not permitted Not permitted

Balconies, decks, porches, and similar structures that are

open, unenclosed on at least 2 sides 30 in. 30 in. Not permitted 4 ft.

In any OP district, Ssecond-floor decks, patios, or

balconies, covered or uncovered, adjacent to primary

living spaces in any OP Districts

30 in. 30 in. 30 in. 4 ft.

Unroofed access facilities, including stairs and wheelchair

ramps, with a height, including railings, of no more than 6

ft. above average natural grade

8 ft., but may extend any distance to accommodate

wheelchair ramps or similar ADA access facilities

Exterior access facilities leading to the second or higher

story of a building, including open or enclosed fire escapes

and open, unroofed fireproof outside stairways, landings,

exterior corridors, and wheelchair ramps. This projection

shall not be permitted within the R1 District.

Not permitted Not permitted

12 in. or 2 in.

per foot of

required side

setback,

whichever is

greater

4 ft.

31


Projections Front

Setback

Street Side

Setback

Interior

Side

Setback

Rear

Setback

Greenhouse windows and bay windows that are not

greater than 6 ft. wide parallel to the setback if all such

windows are cantilevered only and do not extend to the

ground level, provided the structure has a conforming

setback

18 in. 18 in. 18 in. 18 in.

Porte cocheres not more than 20 ft. long, not more than 14

ft. in height, including required railings or parapets, and

open on at least 23 sides except for necessary structural

supports

Not permitted

in front

setback

Permitted in side and rear setback but No limit

(can extend to parcel line) unless may not be

closer than 3 feet to the parcel line or as

requiredlimited by Building Code

Mailbox canopies not more than 10 ft. long 30 in. 30 in. 30 in. 4 ft.

Air conditioners, compressors, hot tub motors, pool filters,

and other mechanical equipment Not permitted

Not

permitted Not permitted

No limit

(can extend

to rear

parcel line)

Detached structures and mechanical equipment See Section 9.21.020, Accessory Buildings and Structures

Water heaters enclosures and tankless water heaters Not permitted

18 in. for structures with

conforming setbacks;


nonconforming setbacks

No limit

(can extend

to parcel line)

Utility equipment including, but not limited to, gas, water,

and electrical meters

Not permitted

(unless

required by

Building and

Utility Codes)





No limit

(can extend

to parcel

line)

Electric vehicle charging equipment Not permitted

No limit

(can extend

to parcel

line)

No limit

(can extend to

parcel line)

No limit

(can extend

to parcel

line)

Solar energy system equipment See Section 9.21.150, Solar Energy Systems

32

9.21.170 Building Additions Extending Into RequiredMinimum Side YardSetbacks

In all residential districts, an addition(s) to an existing structurebuilding that has a nonconforming side yard

setback may alsocontinue to extend into the required minimum side yard setback provided all of the

following criteria are met:

A. The addition(s) do(es) not exceed one-story and fourteen feet in height.

B. The addition(s) continue(s) the façade setback line of the existing structure.

CB. The addition(s) do(es) not extend closer than four feet to the side property line.

DC. The addition(s) do(es) not exceed fifteen feet in length parallel to the side property line.

ED. The addition(s) is (are) not limited to one side of the existing structure and does notmay extend into

both side yard setbacks.

FE. There has been no prior addition under this Section.

33

Chapter 9.28 PARKING, LOADING, AND CIRCULATION

9.28.020 Applicability The requirements of this Chapter apply to the following.

A. New Buildings and Land Uses. On-site parking shall be provided according to the provisions of

this Chapter at the time any building or structure is erected or any new land use is established.

B. Addition, Enlargement of Use, and Change of Use of Existing Non-Residential Buildings.

1. Except as provided in subsection (B)(2), a change of use shall provide the difference between

the required parking ratio for the proposed use and one automobile parking space per 300 square

feet.

2. Changes in use that create an increase of 3 or fewer required parking spaces, calculated in

accordance with subsection (B)(1), shall not be required to provide additional on-site automobile

parking according to the provisions of this Chapter. Bicycle parking shall be provided in

accordance with Section 9.28.140.

3. Existing parking shall be maintained and additional parking shall be required only for such

addition, enlargement, or change of use and not for the entire building or site. If the number of

existing parking spaces is greater than the requirements for such use, the number of spaces in

excess of the prescribed minimum may be counted toward meeting the parking requirements for

the addition, enlargement, or change in use.

4. A change in occupancy is not considered a change in use unless the new occupant is a different

use than the former occupant.

C. Addition, Enlargement of Use, and Change of Use of Existing Residential Buildings.

1. For any new commercial, cultural, health, industrial, or commercial entertainment and recreation

use of an existing residential building, structure including any addition and enlargement of use,

parking spaces in the number specified in Section 9.28.060, Required Off-Street Parking, shall

be provided for the entire parcel.

2. For any new residential or educational use of an existing residential building or structure such

that the new residential or educational use will require a greater number of parking spaces as

compared to the previous use, parking spaces in the number specified in Section 9.28.060,

Required Off-Street Parking, shall be provided for the new use.

D. Additions and Alterations to Residential Buildings. When an addition or alteration is proposed to

a residential building that does not currently provide parking in compliance with this Chapter, the

following regulations apply:

1. Single Unit Dwellings. Parking shall be provided in accordance with the provisions of Chapter

9.28.060, Required Off-Street Parking, if 50 percent or more additional square footage is added

to the principal building at any one time, or incrementally, after September 8, 1988, provided

the aggregate addition is 500 square feet or more.

21. Multi-Unit Dwellings. Additional parking shall be required for the proposed addition or

alteration if it increases the number of bedrooms of existing units.

32. Increased Number of Dwelling Units. The creation of additional dwelling units through the

alteration of an existing building or construction of an additional structure or structures requires

the provision of on-site parking to serve the new dwelling units in compliance with the

provisions of this Chapter. This requirement does not apply when sufficient on-site parking

exists to provide the number of spaces required for the existing and new dwelling units in

compliance with all applicable requirements.

E. Construction Timing. On-site parking facilities required by this Chapter shall be constructed or

installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.

34

9.28.070 Location of Parking

Required off-street parking and loading spaces shall be located on the same parcel as the use they serve,

except as otherwise provided in this Chapter. Entrances to off-street parking and loading should be located

on a non-primary façade, except as described below. Where a parcel contains more than 1 street frontage,

the parking entrance should be located on the secondary street or alley. All efforts should be made to

eliminate the impacts of parking entrances on main thoroughfares and transit-oriented streets. The

requirements of this Section shall not apply to vehicles on display by an automobile dealer in a showroom

or approved outdoor area unless otherwise specified by this Ordinance.

A. Above Ground Parking.

1. Residential Districts. Parking shall be located in the rear half of the parcel and at least 40 feet

from a street-facing property line, except as provided below:

a. Single-Unit Residential District. Required parking for single-unit dwellings shall may be

located within an enclosed garage in the front half of the parcel provided the parking is

located behind the front setback line or the primary first-story facade facing the street,

whichever is the greater distance from the front parcel line. Required parking for all other

permitted use classifications in the single-unit residential district shall not be required to

be located within an enclosed garage; however, allowable Ggarages may be located in the

front half of the parcel subject to the setback requirements of the Base District and the

following:

i. Setback from Building Façade and Front Setback Line.

(1) North of Montana. Garage doors facing a public street shall be located at least

5 feet behind the primary facadewall facing the street, and never less than the

required Base District setback.

(2) North of Wilshire/Sunset Park. Garage doors facing a public street shall be

located at least 5 feet behind the front setback line.

ii. Projection into Front Yard Setback. In the R1 Single-Unit Residential District, a one-

story garage attached to the primary structure with a maximum height of 14 feet,

including parapets and railings, a maximum length of 25 feet, and with garage doors

perpendicular to the public street, shall be allowed to project up to 6 feet into the

required front yard if no alley access exists, but may not extend closer than 20 feet to

the front property line.

b. Multi-Unit Residential Districts. Parking may be located in the front half of the parcel in

Multi-Unit Residential Districts provided that no part of a required front setback shall be

used for parking purposes.

c. Garage Openings and Doors.

i. Garage Opening Setback. Garage openings shall be located the following minimum

distances from parcel lines adjoining streets and alleys:

(1) Front-entry garage: 20 feet.

(2) Side-entry garage: 5 feet.

(3) Garage with alley access: 15 feet from centerline of alley.

(4) Narrow parcels: For garages with rear vehicular access from an alley and located

on a parcel 27 feet wide or less, the side setback adjacent to a street or another

alley may be reduced to 3 feet.

(5) A minimum 22-foot turning radius is required from the garage to the opposite

side of the street alley, drive aisle, or driveway.

ii. Garage Door Width. Except as provided in subsections (1) and (2) below, iIf a garage

faces the front or street side parcel line, the garage doors shall not be more than 18

feet wide. A door to a single space shall not be more than 9 feet wide. Not more than

1 double garage may be entered from the side street side of a corner or a reversed

corner parcel. However, within the

35

(1) North of Montana Single-Unit Residential District., Ggarage doors facing the

public street may not exceed 16 feet in width unless located in the rear half of

the parcel except as provided in Section 9.07.030(A).

(2) North of Wilshire/Sunset Park. Garage doors facing the public street may not

exceed 16 feet in width unless located in the rear half of the parcel except as

provided in Section 9.07.030(I)(6).

d. Sloped Parcels. Garages may be located in the required front setback when the elevation

of the ground at a point 50 feet from the front parcel line and midway between the side

parcel lines differs 12 feet or more from the level of the curb or in all Ocean Park Districts

where there is a change in existing grade of 10 feet or more between the midpoint of the

front parcel line and the midpoint of the rear parcel line subject to the following:

i. Height shall not exceed 14 feet if a pitched roof, 11 feet for a flat roof, or 1 story;

ii. No portion of the garage may be closer than 5 feet from the front property line;

iii. The garage may not occupy more than 50 percent of the width of the front setback;

and

iv. In all Ocean Park Districts, a garage that complies with subsections (i) through (iii)

may be set back a distance equal to the average setback of garages on adjacent parcels

if the interior garage width does not exceed 20 feet.

e. Along the Pacific Coast Highway. Uncovered parking may be located in the front half of

the parcel and within the required front setback on parcel located along the Pacific Coast

Highway between the Santa Monica Pier and the north City limits.

f. Rooftop Parking. Rooftop parking is prohibited in all Residential Districts.

2. Mixed-Use and Non-Residential Districts.

a. Interior Side and Rear Setbacks. Above ground parking that does not extend above the first

floor level may be located within required interior side and rear setback provided above

ground parking is set back a minimum of 5 feet from an interior parcel line adjacent to a

Residential District.

b. Rooftop Parking.

i. Rooftop parking is prohibited in the following areas:

(1) Neighborhood Commercial Districts; and

(2) Except as authorized in Section 9.31.070(D)(6), within 50 feet of Residential

Districts.

ii. Where permitted, rooftop parking areas shall be screened at their perimeters to

prevent light spill onto adjacent properties. Non-skid or other similar surface

treatment on both floors and ramps of the rooftop shall be required to prevent tire

squeals. In order to minimize noise and air impacts, exhaust vents and other

mechanical equipment shall be located as far from residential uses as feasible

consistent with Chapter 8 of the Municipal Code.

B. Subterranean Parking Structures.

1. Required Setbacks. A subterranean parking structure may be constructed and maintained in any

required setback area except in any required unexcavated areas.

2. Openings. All openings for ingress and egress facing the front parcel line shall be situated at or

behind the front building line of the main building. There shall be no more than 1 vehicular

opening facing the front parcel line for each main building. Pedestrian access openings are

permitted.

3. Crossing Property Lines. Development located on 2 or more separate parcels may share

common subterranean parking garages or link circulation between subterranean parking

facilities only if the parcels are combined pursuant to Section 9.21.030, Development on

Multiple Parcels.

C. Semi-Subterranean Parking Structures.

36

1. Front Setback. Semi-subterranean parking structures shall not be located within a required front

setback.

2. Side and Rear Setback.

a. On parcels less than 50 feet in width, a semi-subterranean parking structure may extend to

both property lines and to the rear property line.

b. On parcels having a width of 50 feet or greater, a semi-subterranean parking structure may

be constructed and maintained in any required side or rear setback area except in a required

unexcavated area.




permitted.

4. Parking Podium Height. The finished floor of the first level of the building or structure above

the parking structure shall not exceed 3 feet above the average natural, sloped average natural,

or theoretical grade of the parcel, except for openings for ingress and egress.

37

Chapter 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES

9.31.300 Accessory Dwelling Units

Notwithstanding the Accessory Buildings and Structures standards of Section 9.21.020, Accessory

Dwelling Units shall be developed, located, and operated in accordance with the following standards.

A. Purpose. The purpose of this Section is to:

1. Allow Accessory Dwelling Units as an accessory use to Single-Unit Dwellings, consistent with

California Government Code Section 65852.2, and provide that accessory dwelling units do not

exceed the allowable density for the lot upon which the accessory dwelling unit is located;

2. Establish that accessory dwelling units are a residential use that is consistent with the existing

general plan and zoning designation for the lot upon which it is located;

3. Allow for an increase in the supply of affordable housing in the City; and

4. Maintain the single-unit character of neighborhoods in the City.

B. Permit Requirements.

1. Zoning Conformance Review. An Accessory Dwelling Unit that conforms to all standards of

this Section not to exceed 650 square feet for parcels up to and including 6,000 square feet in

area or not to exceed 800 square feet for parcels greater than 6,000 square feet in area is permitted

by right. A Zoning Conformance Review shall be conducted to verify compliance with all

applicable standards.

C. Location. An Accessory Dwelling Unit may be established on any legal parcel that contains 4,000

square feet or more in any District where a primary Single-Unit Dwelling has been previously

established or is proposed to be established in conjunction with construction of the Accessory

Dwelling Unit. Only one Accessory Dwelling Unit is permitted per parcel.

D. Type of Unit and Relation to Main Dwelling. The Accessory Dwelling Unit shall provide separate,

independent living quarters for one household. The Accessory Dwelling Unit may be attached,

detached, or located within the living area of the primary Single-Unit Dwelling on the parcel, subject

to the standards of this Section. A detached Accessory Dwelling Unit shall be considered part of the

primary Single-Unit Dwelling if the Accessory Dwelling Unit is located less than 6 feet from the

primary Single-Unit Dwelling or if connected to it by fully enclosed space.

E. Conversion or Demolition of Existing Structures.

1. Garage Conversions. Conversion of all or a portion of a garage to an Accessory Dwelling Unit

is permitted, provided that alternate parking for the primary dwelling is provided that meets the

requirements of Chapter 9.28, Parking, Loading, and Circulation, and the District within which

the parcel is located. Notwithstanding Chapter 9.28, such alternate parking may be located in

any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to,

as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile

parking lifts. No setback shall be required for an existing garage that is converted to an Accessory

Dwelling Unit, and a setback of 5 feet from the side and rear property lines shall be required for

an Accessory Dwelling Unit that is constructed above a garage.

2. Demolition of Existing Structure. When an existing garage, carport, or covered parking

structure is demolished in conjunction with the construction of an Accessory Dwelling Unit,

alternate parking for the primary dwelling shall be provided in a form that meets the

requirements of Chapter 9.28, Parking, Loading, and Circulation and the District within which




parking lifts.

38

3. Conversion of Existing Floor Area of the Main Dwelling. The creation of an Accessory

Dwelling Unit through conversion of part of the existing floor area of the primary Single-Unit

Dwelling shall be allowed, provided it has independent exterior access from the existing primary

Single-Unit Dwelling and does not result in the floor area of the primary dwelling being less

than 150 percent of the floor area of the Accessory Dwelling Unit, or in violation of the standards

of the California Building Code.

4. Conversion of an Existing House to an Accessory Dwelling Unit. In cases in which an existing

Single-Unit Dwelling has an area up to 650 square feet for parcels up to and including 6,000

square feet in area or up to 800 square feet for parcels greater than 6,000 square feet in area, the

Review Authority may approve the construction of one additional residence that is intended to

be the primary residence (a Single-Unit Dwelling) on the property. The existing residence, which

is intended to become the lawful Accessory Dwelling Unit, must comply with all the

requirements of this Section. The primary residence shall be constructed in accordance with the

provisions of the applicable District standards and other requirements of this Article.

5. Conversion on an Existing Accessory Building to an Accessory Dwelling Unit.

Notwithstanding subsection F, the conversion of an existing accessory building up to 650 square

feet for parcels up to and including 6,000 square feet in area or up to 800 square feet for parcels

greater than 6,000 square feet in area, including, but not limited to, a studio, pool house, or other

similar structure to an Accessory Dwelling Unit shall be allowed if the unit is contained within

the existing space of the accessory building, has independent exterior access from the existing

primary Single-Unit Dwelling, and the side and rear setbacks of the Accessory Dwelling Unit

are sufficient for fire safety.

F. Development Standards. An Accessory Dwelling Unit shall conform to the height, setbacks, parcel

coverage, and other zoning requirements of the District in which it is located, other requirements of

this Article, and other applicable City codes, except as provided in this Section.

1. Attached Accessory Dwelling Units. An Accessory Dwelling Unit that is attached to the primary

dwelling shall comply with all the property development standards for the primary dwelling.

2. Detached Accessory Dwelling Units Up to 14 Feet in Height. A detached Accessory Dwelling

Unit located within a new accessory structure up to 14 feet in height or within additions to

existing accessory structures up to 14 feet in height shall comply with the following

requirements:

a. Location.

i. An Accessory Dwelling Unit shall be located on the rear half of the parcel and shall

not extend into the required minimum side yard setback except as authorized pursuant

to subsection E above.

ii. An Accessory Dwelling Unit may be located in the rear setback but shall be located

at least 5 feet from the rear parcel line.

iii. On a reverse corner parcel, an Accessory Dwelling Unit shall not be located nearer

to the street side parcel line of such corner parcel than ½ of the front setback depth

required on the key parcel, nor be located nearer than 5 feet to the side parcel line of

any key parcel.

iv. Any Accessory Dwelling Unit on a through parcel shall not project into any front

setback and shall not be located in any required side setback.

b. Maximum Floor Area. The total floor area of an Accessory Dwelling Unit up to 14 feet in

height shall not exceed 650 square feet for parcels up to and including 6,000 square feet in

area or shall not exceed 800 square feet for parcels greater than 6,000 square feet in area.

c. Maximum Building Height. The Accessory Dwelling Unit shall not exceed one story or 14

feet in height.

3. Detached Accessory Dwelling Units Over One Story or 14 Feet in Height. A detached

Accessory Dwelling Unit located within a new accessory structure over one story or 14 feet in

39

height or within additions to existing accessory structures over one story or 14 feet in height

shall comply with the following requirements:

a. Location.





at least 5 feet from the rear parcel line. The second story portion of an Accessory

Dwelling Unit may extend into the required rear setback but shall be no closer than

15 feet from the centerline of the alley or 15 feet from the rear property line where no

alley exists. For second story portions of an Accessory Dwelling Unit constructed

above an existing garage, a setback of 5 feet from the side and rear parcel lines shall

be required.

iii. An Accessory Dwelling Unit shall have the same minimum side setback requirement

as the principal building on the parcel, but in no case less than 5 feet.

iv. On a reverse corner parcel, an Accessory Dwelling Unit shall not be located nearer

to the street side parcel line of such corner parcel than ½ of the front setback depth


any key parcel.

v. Any Accessory Dwelling Unit on a through parcel shall not project into any front


b. Maximum Floor Area. The total floor area of an Accessory Dwelling Unit that exceeds one

story or 14 feet in height shall not exceed 650 square feet for parcels up to and including

6,000 square feet in area or shall not exceed 800 square feet for parcels greater than 6,000

square feet in area.

i. The second story of an Accessory Dwelling Unit shall not exceed the floor area of

the first story.

c. Maximum Building Height. The Accessory Dwelling Unit shall not exceed two stories or

24 feet in height.

d. Exterior Features. First-story Rroof decks, landings, upper level walkways, and balconies

shall not exceed an aggregate 35 square feet in area and must be set back at least 25 feet

from the side property line closest to the structure, and at least 25 feet from the rear property

line, or if an alley exists, 25 feet from the centerline of the alley shall not be located on the

side elevation closest to a side parcel line or on the rear elevation; and shall have the same

minimum side setback requirement as the principal building on the parcel, but in no case

less than 5 feet; and shall be set back a minimum 5 feet from the rear parcel line. Roof

decks above the second-story are prohibited.

G. Design Standards. The exterior design of the Accessory Dwelling Unit, including building forms,

materials, colors, exterior finishes, and landscaping, shall be compatible with the primary Single-

Unit Dwelling.

1. The Accessory Dwelling Unit shall be clearly subordinate to the main dwelling unit on the parcel

in terms of size, location, and appearance.

2. The entrance to the Accessory Dwelling Unit shall not be on the front or street side setback

unless it is a shared entrance with the primary unit.

H. Parking.

1. Required Parking. One on-site parking space, which may be unenclosed, shall be provided for

the Accessory Dwelling Unit. This space shall comply with all development standards set forth

in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the District. A

tandem parking space may also be used to meet the parking requirement for the Accessory

Dwelling Unit and may be provided on an existing driveway. Required parking for the primary

Single-Unit Dwelling may not be removed for the creation of an Accessory Dwelling Unit or

40

allocated to meet the parking requirement for the Accessory Dwelling Unit unless replacement

parking is provided in accord with this Article.

2. Exemptions. Notwithstanding any other parking required by this Section or Chapter 9.28 of this

Article, no parking spaces shall be required for an Accessory Dwelling Unit in any of the

following instances:

a. The Accessory Dwelling Unit is located within one-half mile of public transit;

b. The Accessory Dwelling Unit is an individually designated historic resource or is located

within an architecturally and historically significant historic district;

c. The Accessory Dwelling Unit is part of the existing primary residence or an existing

accessory structure;

d. When on-street parking permits are required but not offered to the occupant of the

Accessory Dwelling Unit; or

e. When there is a car share vehicle located within one block of the Accessory Dwelling Unit.

I. Owner Occupancy, Rental, and Sale Limitations. Either the primary Single-Unit Dwelling or

the Accessory Dwelling Unit shall be owner-occupied. Either unit may be rented, but both may not

be rented at the same time. An Accessory Dwelling Unit shall not be offered for sale separately

from the primary dwelling unit. The primary Single-Unit Dwelling or the Accessory Dwelling

Unit shall only be offered for residential occupancy for more than 30 days.

29

ATTACHMENT B

Proposed Redline Modifications

1

Chapter 9.04

RULES FOR MEASUREMENT

9.04.100 Determining Residential Parcel Coverage

Parcel coverage is the ratio of the total footprint area of all buildings and structures on a parcel to the parcel

area, typically expressed as a percentage. The footprints of all principal and accessory structures, including

garages, carports, and roofed porches, shall be summed in order to calculate parcel coverage. The following

buildings and structures shall be included in the calculation unless otherwise expressly excluded:

A. The area of a parcel directly covered by the footprint of all buildings or structures on the parcel;

B. The area of a parcel directly below any upper portion of a building or structure that is cantilevered

beyond the edge of the first level of a building or structure except for permitted projections as

specified in Section 9.21.110; and

C. The area of a parcel directly below those portions of any balcony, stairway, porch, platform, or deck

that is enclosed on at least three sides.

A. Areas of a parcel directly covered by the footprint of each story of all principal and accessory

buildings.


a. Areas covered or below permitted projections into minimum setback areas.

b. Areas below eaves, awnings, canopies, sun shades, sills, cornices, belt courses, and other

similar solid architectural features not within minimum setback areas projecting up to the

same distances as permitted in Section 9.21.110.

c. For principal buildings, first-story roofed front porches open on at least the front and one

side elevation not within minimum setback areas.

d. Greenhouse windows, bay windows, or similar architectural features not within minimum

setback areas projecting up to the same dimensions as permitted in Section 9.21.110.

e. Notwithstanding subsection (c) above, upper-story stepback areas open to the sky or

covered by a roof structure that is at least 50% open.

B. Areas of a parcel directly below a fully enclosed second-story cantilever.


a. Within the R1 district, areas totaling no more than 3% of the parcel area directly below a

fully enclosed second-story cantilever.

C. Areas in any single-story portion of the building that exceeds the height of the second-story shall

count towards second-story parcel coverage.

D. Areas of a parcel directly covered by the footprint of any solid roofed accessory structure.


a. Accessory structures open to the sky or covered by a roof structure that is at least 50%

open.

E. Outdoor spaces on each story directly covered by a solid roof or the floor of an upper-story outdoor

space.


a. First-story outdoor areas open on at least two sides that are covered or below a permitted

upper-story outdoor space.

b. Projecting upper-story outdoor space not within minimum setback areas open on at least

two contiguous sides and open to the sky or covered by a roof structure that is at least 50%

open.

2

Chapter 9.07

SINGLE-UNIT RESIDENTIAL DISTRICT

9.07.030 Development Standards

Table 9.07.030 prescribes the development standards for the Single Unit Residential Districts. Additional

regulations are denoted with Section numbers in the right-hand column or with individual letters in

parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses

refer to Subsections that directly follow the table.

Within the R1 District, special standards apply to a number of specific geographic areas. These areas are

delineated as follows:

North of Montana. The area bounded by Montana Avenue, the northern City limits, 26th Street, and

Ocean Avenue.

Sunset Park. The area bounded by Lincoln Boulevard, Pico Boulevard, and the City limits to the east

and south.

North of Wilshire. The area bounded by Montana Avenue, 21st Court, Wilshire Boulevard, and the

City limits to the east.

Expo/Pico. The area bounded by Stewart Avenue, Exposition Boulevard, Centinela Avenue, and Pico

Boulevard.

The R1 District requirements are listed in three columns. The first column, “General Standard” (GS) lists

the regulations that apply throughout the R1 District unless otherwise specified. The “North of Montana,”

“Sunset Park/North of Wilshire,” and “Expo/Pico” columns identify the special standards that apply to

development in those areas. Where necessary to provide additional detail, the second, third, fourth, and fifth

columns also include a reference to Subsections that follow the table. The sixth column and Additional

Standards at the end of the table list and cross-reference additional development requirements applicable to

the R1 District.

3


Standard General Standard North of

Montana

Sunset

Park/North of

Wilshire


Standards


Minimum Parcel Area

(sq. ft.) 5,000 GS GS GS

Maximum Parcel Area

(sq. ft.) See 9.21.030(B) GS GS GS

Minimum Parcel Width

(ft.) 50

50 ft.; 100 ft. in

specific subarea.

See (A)

GS GS

Minimum Parcel Depth (ft.) 100

100 ft.; 175 ft. in

specific subarea.

See (A)

GS GS

Maximum Residential

Density

1 unit per parcel

plus 1 accessory

dwelling unit

subject to Section

9.31.300. A

duplex may be

permitted with

MUP as provided

in Table 9.07.020

GS GS GS

Maximum Parcel Coverage

(% of Parcel Area)

35%; 50% for

one-story structure

not exceeding 18

ft. in height

See (B) See (B) See (B)


Maximum Number of

Stories 2 GS GS GS


Parcels up to 20,000

sq. ft. in area 28 32. See (C) GS GS

Parcel greater than

20,000 sq. ft. in area

and with a front parcel

line at least 200 ft. in

length

28 ft. for flat roof;

35 ft. for pitched

roof

GS GS GS


Section 9.21.110,

Projections into

Required Setbacks

Front Per Official Districting Map or 20 ft. if not specified

Each Interior Side-

Basic Requirement –

Structures 18 ft. in

height or less

Greater of 10% of

parcel width or 3.5

ft. but no more

than 15 ft.

required

GS GS

GS (for all

structures up to

the maximum

height limitation

in Expo/Pico)

4



Montana

Sunset

Park/North of

Wilshire


Standards

Aggregate of Both

Interior Sides –

Structures over 18 ft. in

height

30% of parcel

width, but no more

than 45 ft.

required and at

least 10% of the

parcel width, or a

minimum of 3.5

ft., whichever is

greater. See (D)

GS GS NA

Rear 25 GS GS GS

Garage Setbacks See Section 9.28.070(A)(1)


Front—Any portion of

front elevation above

14 ft. in height and

exceeding 75% of

maximum buildable

front elevation*

Average amount

equal to 4% of

parcel depth but

no more than 10

ft. required

Average amount

equal to 8% of

parcel depth but

no more than 12

ft. required

GS GS

Rear—Any portion of

rear elevation above 14

ft. in height and

exceeding 75% of

maximum buildable

rear elevation*

Average amount

equal to 4% of

parcel depth but

no more than 10

ft. required

30% of parcel

depth but no

more than 40 ft.

required

GS GS

Sides—Portions of

building above 14 ft. in

height and exceeding

50% of maximum

buildable side

elevation*

1 ft. for every 2 ft.

4 in. of height

above 14 ft. and

up to 21 ft.

(measured from

minimum required

side setback line)

GS GS GS

Sides—All portions of

buildings exceeding 21

ft. in height

See (E) (measured

from minimum

required side

setback line)

See (E)

(measured from

minimum

required side

setback line)

GS GS

Roof Decks

Additional 3 ft.

from normally

required setback

12 ft. from any

interior property

line. See (F)

GS GS

Limitations on Upper-Story

Balconies and Roof Decks NA

Aggregate area

may not exceed

400 sq. ft. Must

be set back 12 ft.

from interior

property lines.

See (F)

NA NA


Maximum Front Setback

Paving (% of required front

setback area)

5



Montana

Sunset

Park/North of

Wilshire


Standards

Parcels 25 ft. or more

in width 50% 40% GS GS

Parcels less than 25 ft.

in width 60% GS GS GS

Special Standards -

Building Projections into

Required Setbacks

See (G) See (G) See (G) See (G)

Section 9.21.110,

Projections into

Required Setbacks

Excavation for Lightwells,

Stairwells, and Access to

Subterranean Garages and

Basements

See (H) See (H) See (H) See (H)


Parking See Sections 9.28.070, Location of Parking and Section 9.28.120, Parking

Design and Development Standards

Section

9.28.070(A)(1),

Above Ground

Parking—

Residential Districts

Required in

enclosed garage

Driveways On parcels less than 100 ft. in width, no more than one driveway

permitted

Section 9.28.120,

Parking Design and

Development

Standards


Architectural Review See Section 9.07.030(I)


Accessory Structures Section 9.21.020, Accessory Buildings and Structures

Exceptions to Height

Limits Section 9.21.060, Height Exceptions

Fences and Walls Section 9.21.050, Fences, Walls, and Hedges




Off-Street Parking and

Loading Chapter 9.28, Parking, Loading, and Circulation

Projections into Required

Setbacks Section 9.21.110, Projections into Required Setbacks



Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards


* As used in this Chapter, the term “maximum buildable elevation” means the maximum potential width or length of the

elevation permitted by this Ordinance, which includes the applicable parcel width or length minus the required minimum

setback.

A. Parcel Width and Depth—Sub-area of North of Montana. For parcel bounded by the centerlines

of First Court Alley, Seventh Street, Montana Place North Alley, and Adelaide Drive, the minimum

parcel width is 100 feet and the minimum parcel depth is 175 feet.

6

B. Maximum Parcel Coverage—Specific Areas.

1. North of Montana.












b. The area of any patio, balcony, roof deck or terrace open on less than 2 sides shall count

towards parcel coverage and shall count for second floor parcel coverage if the floor line is

above 14 feet in height.

2. Sunset Park/North of Wilshire.












3. Expo/Pico.

a. The maximum parcel coverage shall be 40 percent, except that parcel between 3,001 and

5,000 square feet in area may have a parcel coverage of no more than 50 percent, and parcel

of 3,000 square feet or smaller may have a parcel coverage of no more than 60 percent.

C. Maximum Building Height—Additional Standards

North of Montana. On parcels of less than 20,000 square feet, the maximum building height shall be

32 feet, except that for a parcel with greater than 35 percent parcel coverage, the maximum building

height shall be one story, not to exceed 18 feet.

D. Side Setbacks—Structures over 18 feet in Specific Areas. In the Sunset Park and North of Wilshire

areas, the aggregate side setback requirement for structures over 18 feet do not apply to the following:

1. New structures on parcels that are 45 feet or less in parcel width;

2. Additions to existing structures on parcels that are less than 50 feet in width; and

3. Any development on parcels that are less than 5,000 square feet in area.

4. If modified by the Architectural Review Board in accordance with Section 9.07.030(I)(6)(d) and

(7).

E. Required Stepbacks above Minimum Height

1. Additional Side Stepback Above 21 Feet in Height. Buildings above 21 feet in height shall not

project above a plane as defined below:

a. General Standard. No portion of a building, except permitted projections, shall intersect a

plane commencing 21 feet in height at the minimum side setback and extending at an angle

of 45 degrees from the vertical toward the interior of the site. The 21-foot height



7

b. North of Montana. No portion of the building, except permitted projections, shall intersect

a plane commencing 21 feet in height at the minimum side setback and extending at an

angle of 30 degrees from the horizontal toward the interior of the parcel. The 21-foot height



2. Roof Decks. Roof decks shall be set back at least 3 feet from the minimum side setback line. The

height of any railings or parapets associated with such roof decks shall not exceed the maximum

allowable building height for the structure.

3. Modifications to Required Stepbacks. Required stepbacks may be modified pursuant to Chapter

9.43, Modifications and Waivers and, if deemed necessary by the Director, review and approval

by the Architectural Review Board.

F. Standards for Upper Story Balconies and Roof Decks—North of Montana. In the North of

Montana Area, the following limitations apply:

1. Maximum Area. The aggregate square footage of second floor balconies, terraces or roof decks

shall not exceed 400 square feet.

2. Setbacks. Any individual second floor balconies, terraces, or roof decks greater than 50 square

feet in area and located in the rear two-thirds of the parcel shall be set back 12 feet from any

property line.

G. Building Projections into Required Setbacks. Notwithstanding the provisions of Section 9.21.110,

Projections into Required Setbacks, the following provisions apply in the R1 District:

1. Exterior stairs and required fire escapes shall not project into the required front or side setback

areas in the North of Montana area.

2. Porte cocheres not more than 20 feet long, not more than 14 feet in height including railings or

parapets, and open on three sides may project into a required side yard but may not be closer

than 3 feet to the parcel line or as required by Building Code.

3. Balconies and porches open on at least two sides with a height of no more than 14 feet, including

parapets and railings, that do not exceed 50 percent of the front building width measured at the

front façade may project up to 6 feet into the required front setback. Stairs less than 3 feet above

finished grade may project an additional 4 feet into the required front setback.

H. Excavation in Required Setbacks. In addition to the provisions of Section 9.21.110, Projections

into Required Setbacks, the following limitations apply to development in the R1 District.

1. Basements and Subterranean Garages. No basement or subterranean garage shall extend into

any required yard setback area, except for any basement or garage located beneath an accessory

building which is otherwise permitted within a yard area, if such basement, semi-subterranean

or subterranean garage is located at least 5 feet from any property line.

2. Lightwells and Stairwells.

a. General Standard. Up to a total of 50 square feet of area in the side and rear setbacks may

be utilized for lightwells or stairways to below-grade areas of the main building and any

accessory buildings.

b. North of Montana. Side and rear setbacks may be utilized for lightwells or stairways to

below-grade areas of the main building and any accessory building provided such

excavated area is set back a minimum of 10 percent of the parcel width from the property

line.

3. Excavation for Access to Subterranean Structures.

a. General Standard. Excavation in the front setback area for a driveway, stairway, doorway,

lightwell, window, or other such element to a subterranean or semi-subterranean garage or

basement shall be no deeper than 3 feet below existing grade. The Architectural Review

Board may approve a modification to allow excavations to extend into the front setback for

parcels with an elevation rise of 5 feet from the front property line to a point 50 feet towards

the interior of the site if it finds that topographic conditions necessitate that such excavation

be permitted.

8

b. North of Montana. In the North of Montana Area, no excavation for a driveway, stairway,

doorway, lightwell, window, or other such element to a subterranean or semi-subterranean

garage or basement shall be permitted in the front setback area. This prohibition shall not

be modified by the Architectural Review Board or by the procedures of Chapter 9.43,

Modifications and Waivers.

I. Architectural Review. No building or structure in the R1 Single-Unit District shall be subject to


1. Properties installing roof or building-mounted parabolic antennae (only with respect to the

antennae and screening);

2. Duplexes;

3. Any structure above 14 feet in height that does not conform to the required yard stepbacks for

structures above 14 feet in height;

4. Any structure that does not conform to the limitations on access to subterranean garages and

basements;

5. Any development in the North of Montana area with regard to the following conditions only:

a. Any development with an aggregate square footage of second floor balconies, terraces or

roof decks which exceeds 400 square feet.

b. Any structure with garage doors facing the public street within the front one-half of the

parcel which are not set back from the building façade a minimum of 5 feet and/or are more

than 16 feet in width.

c. Any structure with balconies or porches open on at least 2 sides with a maximum height of



d. Any structure with side yard setbacks that do not conform with Section 9.07.030 but which

has minimum setbacks for each side yard equal to 10 percent of the parcel width.

6. Any development in the North of Wilshire and Sunset Park areas with regard to the following

conditions only:

a. Any structure associated with a new residential building, substantial remodel, or a 50

percent or greater square foot addition to an existing home located on a parcel with a grade

differential of 12.5 feet or more between the front and rear parcel lines. The Architectural

Review Board may approve projects pursuant to this subdivision (a) of subsection (6) if the

following finding of fact is made: the size, mass, and placement of the proposed structure

is compatible with improvements in the surrounding neighborhood. No other findings of

fact are required.

b. Any addition of 500 square feet or less, which is regarded as a third story and therefore not

otherwise permitted for an existing residential structure, located on a parcel with a grade

differential of 12.5 feet or more between the front and rear parcel lines, may be approved

if the following findings of fact are made:

i. The street frontage and overall massing are compatible with the existing scale and


ii. The addition does not enlarge the first floor of the existing residence such that a

nonconforming condition is expanded; and

iii. The properties in the immediate neighborhood will not be substantially impacted.

c. Any structure with garage doors facing the public street within the front one-half of the

parcel which are not set back a minimum of 5 feet from the front setback line and/or are

more than 16 feet in width.

d. Any structure on a parcel that is 50 feet or more in width that does not comply with Section

9.07.030(D).

e. Any structure with balconies or porches open on at least 2 sides with a maximum height of



9

7. The Architectural Review Board may approve the design modifications set forth in Section

9.07.030(I)(5) provided all the following findings of fact are made and may approve the design

modifications set forth in Section 9.07.030(I)(6)(c) through (6)(e) provided that all of the

following findings of fact, except subdivision (e) of this subsection (7), are made:


involved, including size, shape topography, surroundings, or location of the existing

improvements or mature landscaping on the site.

b. The granting of the design modification will not be detrimental nor injurious to the property


c. The granting of the design modification will not impair the integrity and character of this

R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties.

d. In the case of additions to buildings in the City’s Historic Resources Inventory, the design

modification is compatible with the building’s historic architectural character, does not

result in the removal of historic building features, and the addition is consistent with the

Secretary of the Interior Standards for Rehabilitation.


Any applicant for a development subject to architectural review under these provisions

shall provide certification of notice to all owners and commercial and residential tenants of

property within a radius of 300 feet from the exterior boundaries of the property involved

in the application, not less than 10 days in advance of Architectural Review Board

consideration of the matter, which notice and certification thereof shall be in a form

satisfactory to the Director.

8. Any existing structure that would not comply with the minimum side yard setback of 10 percent

of the parcel width required by Section 9.07.030 due to the combination of 2 contiguous parcels

into a single building site. The Architectural Review Board may approve a modification to the

minimum side yard setback provided the following findings of fact are made:

a. Only one of the side yard setbacks for the existing structure would become nonconforming

due to the combination of contiguous parcels.

b. This nonconforming side yard setback would not physically change.

c. The aggregate setback on the combined lots shall be a minimum of 30 percent of the total

combined lot width.

d. The combined lot width shall not exceed 120 feet.

e. The granting of the design modification will not be detrimental nor injurious to the property


9. In the event the property owner seeks to re-divide a parcel created through the combination of

contiguous lots after the Architectural Review Board has acted pursuant to subsection (8) of this

Section, the Architectural Review Board may approve such a re-division provided the following

finding of fact is made:

a. No construction has taken place since the original combination of parcels.

10

Table 9.07.030 prescribes the development standards for the Single-Unit Residential (R1) District.

Additional regulations, including incentives for the retention of existing homes, are denoted with Section

numbers throughout the table, while specific R1 District design review criteria is located directly following

the table.




Minimum Parcel Area

(sq. ft.) 5,000

Maximum Parcel Area

(sq. ft.) See Section 9.21.030(B)

Minimum Parcel Width

(ft.) 50

For parcels bounded by the centerlines of

First Court Alley, Seventh Street, Montana

Place North Alley, and Adelaide Drive, the

minimum parcel width is 100 ft. and the

minimum parcel depth is 175 ft. Minimum Parcel Depth (ft.) 100

Maximum Residential

Density

1 unit per parcel plus 1 Accessory Dwelling

Unit subject to Section 9.31.300

A duplex may be permitted with an MUP as

provided in Table 9.07.020.


One-story structure

less than 18 ft. in

height

50


minimum parcel coverage equaling 2,500 sq.

ft. shall be permitted.

Two-story structure or

one-story structure 18

ft. or more in height

50% aggregate

with no more than 25% on the second story


minimum parcel coverage equaling 2,500 sq.

ft. shall be permitted with no more than half

the allowable square footage on the second

story.

Accessory Dwelling

Unit Exempt from parcel coverage in R1 district See Section 9.31.300


Maximum Number of

Stories 2


Parcels up to 20,000

sq. ft. in area

28 ft.


Parcels greater than

20,000 sq. ft. in area

and with a front parcel

line at least 200 ft.

in length



Projections into

Height Limits See Section 9.21.060, Height Projections


Front Per Official Districting Map or 20 ft. if not

specified

Side - One-story

structure less than 18 ft.

in height

10% of parcel width or 3.5 ft., whichever is

greater, but no more than 15 ft. required

11



Side - Aggregate of

both sides for a two-

story structure or one-

story structure 18 ft. or

more in height

30% of parcel width:

No more than 45 ft. required

Each side shall be at least 10% of the

parcel width or 3.5 ft., whichever is

greater

For structures over 18 ft., the aggregate side

setback requirement does not apply to the

following:

New structures on parcels that are 45

ft. or less in parcel width

Additions to existing structures on

parcels that are less than 50 ft. in

width

Any development on parcels that are

less than 5,000 sq. ft. in area

Rear 15 ft. from rear parcel line


Front Upper-Story

Stepback

Minimum Area Required: Average amount

equal to 1% of parcel area.

Stepback areas shall be a minimum

depth of 3% of parcel depth and shall

be measured from the required front

setback.

Stepback areas greater in depth than

6% of parcel depth from the required

front setback shall not be included in

the calculations for compliance with

this standard.

Areas used to comply with the side

upper-story stepback requirements

shall not be included in the calculations

for compliance with this standard.

This standard shall apply to the total

front building elevation

Side Upper-Story

Stepbacks

Minimum Area Required: Average amount

equal to 1% of parcel area.

Stepback areas shall be a minimum

depth of 20% of parcel width and shall

be measured from the side parcel line.

Stepback areas greater in depth than

25% of parcel width from the side

parcel line shall not be included in the

calculations for compliance with this

standard.

Areas used to comply with the front

upper-story stepback requirement shall

not be included in the calculations for

compliance with this standard.

This standard shall apply to each total

side building elevation.

12



Sides—All portions of

buildings exceeding

23 ft. in height

No portion of a building, except permitted

projections, shall intersect a plane

commencing at 23 ft. in height at the

minimum side setback that extends at an

angle of 45-degrees from the vertical

toward the interior of the site.

The 23 ft. height measurement shall be

taken from the same reference grade as

determined for the subject site pursuant to

Section 9.04.050.


Maximum Size of

Individual Balcony,

Terrace, Deck, First-

Story Roof Deck, or

Similar Outdoor Space


whichever is less

Individual outdoor spaces larger than 100 sq.

ft. located in the rear half of the parcel shall

be set back a minimum distance of 20% of

the parcel width from the side parcel lines.

Maximum Size of Roof

Deck above

Second Story


whichever is less

Maximum of 1 per parcel with a 5 ft.

minimum setback from edges of building


Maximum Front Setback Paving (% of required front setback area)

Parcels 25 ft. or more

in width 50%

Parcels less than 25 ft.

in width 60%

Building Projections into

Setbacks See Section 9.21.110, Projections into Required Setbacks

Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements

Basements and

Subterranean Garages

No basement or subterranean garage shall

extend into any setback area, except for any

basement or garage located beneath an

accessory building which is otherwise

permitted within a setback area, if such

basement, semi-subterranean, or subterranean

garage is located at least 5 ft. from any parcel

line.

Lightwells and

Stairwells

Side and rear setbacks may be utilized for

lightwells or stairways to below-grade

areas.

Excavated areas shall be set back a

minimum of 10% of the parcel width from

any parcel line measured to the interior

wall surface of these excavated areas.

For parcels where the aggregate side

setback is not required, up to a total of 50

sq. ft. within the side and rear setbacks

may be utilized for lightwells or

stairways to below-grade areas.

Retaining walls shall not be included in

calculations for these excavated areas.

Excavation for Access

Excavation in the front setback area for a

driveway, stairway, doorway, or other such

element for access purposes shall be no deeper

than 3 ft. below existing grade.


Parking See Sections 9.28.070, Location of Parking

Section 9.28.120, Parking Design and Development Standards

13



Driveways On parcels less than 100 ft. in width, no more than one driveway permitted

See Section 9.28.120, Parking Design and Development Standards

Incentives for Retention of Existing Homes

Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks

Modifications to

Development Standards Chapter 9.43 Modification and Waivers


Architectural Review See Section 9.07.030(A)


Accessory Buildings and

Structures Section 9.21.020, Accessory Buildings and Structures

Accessory Dwelling Units Section 9.31.300, Accessory Dwelling Units

Basements Section 9.52.020.0230, Basement Definition

Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges




Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation


Projections from Buildings

into Minimum Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks

Projections into Height

Limits Section 9.21.060, Height Projections


Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards


A. Architectural Review. No building or structure in the R1 Single-Unit District shall be subject to


1. Duplexes pursuant to the criteria established in Section 9.55.140.

2. Any development associated with a new residential building or a 50 percent or greater square foot

addition to an existing dwelling unit located on a parcel with a grade differential of 12.5 feet or

more between the front and rear parcel lines. The Architectural Review Board may approve projects

provided that the following findings of fact are made:

a. The size, mass, and placement of the proposed structure is compatible with improvements in

the surrounding neighborhood.

3. Any addition of 500 square feet or less, which is regarded as a third story and therefore not

otherwise permitted for an existing residential structure, located on a parcel with a grade differential

of 12.5 or more between the front and rear parcel lines. The Architectural Review Board may

approve projects provided that the following findings of fact are made:

a. The street frontage and overall massing are compatible with the existing scale and


b. The addition does not enlarge the first-story of the existing residence such that a nonconforming

condition is expanded; and

c. The properties in the immediate neighborhood will not be substantially impacted.

4. Any development with regard to the following conditions:

14

a. Any new structure on a parcel that is more than 45 feet in width or an addition to an existing

structure on a parcel 50 feet or more that does not comply with the minimum aggregate side

setback, but which is set back a minimum of 10% of parcel with on each side.

b. Any two-story structure that does not conform to the additional minimum stepbacks for upper

stories

c. Any structure that does not conform to the limitations on access to subterranean garages and

basements.

d. Any development with an individual upper-story outdoor space greater than the permitted

area for the parcel.

e. Any development with an individual upper-story outdoor space greater than 100 square feet

in the rear half of the parcel that is not set back a minimum distance of 20% of the parcel

width from the side parcel lines.

f. Any structure with garage doors facing the public street within the front half of the parcel

which are not set back from the primary façade facing a street a minimum of 5 feet and/or

are more than 16 feet in width.

g. Any structure with a first-story porch or second-story balcony open on at least 3 sides with a

height of no more than 14 feet, including parapets and railings, which project into the

minimum front setback and which exceed 50 percent of the front building width measured at

the front façade.

5. Design modifications set forth in subsection (4) above may be approved by the Architectural

Review Board provided that the following findings of fact are made:


involved, including size, shape, topography, surroundings, or location of the existing

improvements or mature landscaping on the site;

b. The granting of the design modification will not be detrimental nor injurious to the property or

improvements in the general vicinity and district in which the property is located;

c. The granting of the design modification will not impair the integrity and character of

surrounding context, nor impact the light, air, open space, and privacy of adjacent properties;

d. In the case of additions to buildings on the City’s Historic Resources Inventory an additional

finding that the modification is compatible with the building’s historic architectural character,

does not result in the removal of historic building features, and the addition is consistent with

the Secretary of the Interior Standards for Rehabilitation shall be made; and


15

Chapter 9.21

GENERAL SITE REGULATIONS

9.21.020 Accessory Buildings and Structures

Accessory buildings and structures shall conform to the same property development standards as main

buildings except as required by this Section. Accessory buildings in Residential Districts shall include,

including, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and

other buildings structures that are detached from the main principal building. Accessory structures in

Residential Districts shall include, but be not limited to, unenclosed carports, gazebos, cabanas, or other

similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters,

or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits;

above ground swimming pools and spas; and other structures with a fixed location that are detached from

the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory

building and structures shall be erected, structurally altered, converted, enlarged, moved, and maintained,

in compliance with the following regulations:

A. Relation to Existing Structures Principal Buildings. An accessory building may only be

constructed on a parcel with a legally-permitted mainprincipal building. An accessory building will

be considered part of the principal building if the accessory building is located less than 6 feet from

the principal building or if connected to it by fully enclosed space.

B. Dwelling Units in Accessory StructuresBuildings. An accessory building on a parcel occupied by

a single-unit detached structure may only be used as a separate dwelling unit in compliance with the

requirements of Section 9.31.300, Accessory Dwelling Units.

C. Accessory Buildings and Structures up to 14 Feet in Residential Districts. Accessory buildings

and structures not more than 14 feet or one story in height shall conform to the following standards:

1. Location.

a. Accessory buildings shall be located on the rear half of the parcel and shall not extend into

the required minimum side yard setback except as authorized pursuant to subsections (b)

and (c) below.

b. Accessory buildings no more than 14 feet in height may be located in the rear setback but

shall be located at least 5 feet from the rear parcel line. A garage or garage portion of such

an accessory building may extend up to one interior side parcel line within the rear 35 feet

of a parcel.

c. A garage or garage portion of an accessory building may extend to the rear parcel line

abutting an alley, provided that vehicle access is not taken from the alley. Where vehicle

access is taken from an alley, garages shall be set back at least 5 feet from the rear parcel

line abutting said alley.

d. Accessory buildings may be located in a requiredthe rear setback and shall be located at

least 15 feet from the centerline of a rear alley.

e. Accessory structures shall not be located within any front or minimum side setback unless

expressly authorized below:

i. Fountains, fire pits, and similar ornamental landscape features not to exceed 42

inches in height.

ii. Underground mechanical equipment.

2. Dimensions.

a. On a reversed corner parcel, accessory buildings shall not be located nearer to the street

side parcel line of such corner parcel than one-half of the front setback depth required on

the key parcel, nor be located nearer than 5 feet to the side parcel line of any key parcel.

b. Any accessory building on a through parcel shall not project into any front setback and

shall not be located in any requiredminimum side setback.

16

3. Sloped Parcels.

a. Where the elevation of the ground at a point 50 feet from the front parcel line of a parcel

and midway between the side parcel lines differs 12 feet or more from the curb level, a

private garage, not exceeding one story nor 11 feet in height for a flat roof and one story

nor 14 feet in height for a pitched roof, may be located within the required front setback,

provided that every portion of the garage building is at least 5 feet from the front parcel

line and does not occupy more than 50 percent of the width of the front parcel line.

b. In all OP Districts, a garage or garage entrance on a parcel with an existing grade

differential of 10 feet or more between the midpoint of the front parcel line and the midpoint

of the rear parcel line may be set back a distance equal to the average garage setback of

adjacent garage(s), but not less than 5 feet, when the interior garage width does not exceed

20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a pitched roof.

4. Facilities. Except for Accessory Dwelling Units established in compliance with Section 9.31.300

of this Ordinance, accessory buildings may not contain kitchens or full baths. An accessory

building that is not an approved Accessory Dwelling Unit may contain a sink and toilet, but may

not contain a shower or tub enclosure. A shower that is outside and unenclosed is permitted.

D. Accessory Buildings over One Story or 14 Feet in Residential Districts. Accessory buildings and

structures that exceed 14 feet or one story in height may only be erected, structurally altered,

converted, enlarged, or moved in any Residential District in conformance with shall conform to the

following regulationsstandards:

1. Maximum Floor Area. The total floor area of an accessory building that exceeds 14 feet or one

story in height shall not exceed 650 square feet including any area approved for use as a garage.

No accessory building shall have a second floor that exceeds 250 square feet in size. Accessory

Dwelling Units are exempt from this requirement pursuant to Section 9.31.300.

2. Maximum Building Height. The accessory building shall not exceed two stories or 24 feet in

height.

3. Setbacks. The accessory building shall conform to all setback requirements of the Residential

District and the following requirements:

a. A one-story garage or the garage portion of an accessory building may extend into the rear

setback and may extend to one interior side property line on the rear 35 feet of a parcel. if

the second-story has a minimum separation of 20 feet from the second-story of the principal

building.

b. The accessory building shall have the same minimum side setback requirement as the

principal building on the parcel, but in no case less than 5 feet.

c. The second story portion of an accessory building that is directly above the garage may

extend into the required rear setback but shall be no closer than 15 feet from the centerline

of the alley or 15 feet from the rear property line where no alley exists, and may not extend

into any required minimum side setback.

4. Exterior Features. In the North of Montana areaSingle-Unit Residential District, first-story roof

decks, landings, upper level walkways, and balconies on accessory buildings, not including

Accessory Dwelling Units, shall not exceed 35 square feet in area and must be set back at least

25 feet from the side property line closest to the structure, and at least 25 feet from the rear

property line, or if an alley exists, 25 feet from the centerline of the alley. Roof decks above the

second-story are prohibited.

5. Design Compatibility. The architectural design of the accessory building shall be compatible

with the design of the principal dwelling and surrounding residential development in terms of

building form, materials, colors, and exterior finishes.

6. Kitchen. The accessory building shall not contain a kitchen unless specifically permitted as an

Accessory Dwelling Unit pursuant to Section 9.31.300, Accessory Dwelling Units.

17

7. Full Bath. The accessory building may contain a sink and toilet, but shall not contain a shower

or tub enclosure unless specifically permitted as an Accessory Dwelling Unit pursuant to Section

9.31.300. A shower that is located outside and unenclosed may be permitted.

8. Renting. No accessory building shall be rented for any purpose or otherwise used as an

Accessory Dwelling Unit unless specifically pursuant to Section 9.31.300.

18

9.21.060 Height ExceptionsProjections

No structure shall project above the height limits established in this Article except as specified in this

Section.

A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum

permitted projection(s) above the height limit of a building for structures that are typically mounted

or attached to a building. These projections are by right, with no discretionary permit required. Table

9.21.060 also establishes limitations in the horizontal coverage of permitted projections. Some

allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the

Single-Unit Residential (R1) district, allowed height projections into the minimum side stepback

areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above

the height limit. The total aggregate coverage of projections shall not exceed 30 percent of a roof’s

area. This limitation shall not apply to solar energy systems (see Section 9.21.150).

TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS

Structure

Maximum Aggregate Coverage

of Building’s Roof Area (%);

Other Locational Restrictions

Maximum Vertical Projection

(ft.) Above the Height Limit*

Projections Allowed in All Zoning Districts:

Skylights No limit 1 ft.

Skylights on flat roofs 30%; May not be located within

5 ft. of any edge of the roof 5 ft.

Chimneys, vent stacks 5% 5 ft.

Windscoops 5% 5 ft.

Solar energy systems located on a rooftop See Section 9.21.150 See Section 9.21.150

Antennas

One standard television receive-only

nonparabolic antenna and one vertical whip

antenna

10%; May not be located

between the building and any

street-facing parcel line.

25 ft.

Other antennas See Chapter 9.32, Telecommunications Facilities

Parapets, fire escapes, catwalks, and open guard rails

required by law As required by law As required by law

Projections Allowed in All Districts Except R1 and OP-1 Districts:

Non-occupiable features such as steeples, spires,

towers, domes, and cupolas 10% 10 ft.

Rooftop features for outdoor living areas, such as

sunshade, open railings, trellises, and landscaping 25% 10 ft.

Elevator shafts 15% 18 ft.* above the roofline

Stairwells 25% 14 ft.* above the roofline

Mechanical rooms and enclosures 25% 12 ft.* above the roofline

Ventilating fans, water tanks, cooling towers, or

other equipment required to operate and maintain a

building, along with screening of such equipment

required by Section 9.21.140, Screening

Total area enclosed by all

screening may not exceed 30%

of roof area

12 ft.

19

9.21.110 Projections from Buildings into RequiredMinimum Setbacks

Table 9.21.110 sets forth the requirements for permitted projections from buildings into requiredminimum

setbacks. Development in the R1 District is subject to the additional standards of Section 9.07.030(G); in

the case of any conflict, the regulations of the base District shall supersede those of this Section. In the

Single-Unit Residential (R1) district, only expressly authorized projections into the minimum side stepback

areas above 23 feet shall be permitted. Projections shall not be permitted closer than 4 feet to any parcel

line unless otherwise expressly authorized. Projections as listed below into existing, nonconforming setback

areas shall be permitted only if the projection does not extend closer to the parcel line than would be

permitted if the setback area conformed to current standards. The types of projections and the limitations

on such projections into requiredminimum setbacks are permitted subject to Chapter 4.12, Noise; Section

9.31.180, Hazardous Visual Obstructions; and compliance with the California Building Code as follows:


Projections Front Setback Street Side

Setback

Interior Side

Setback Rear Setback

Eaves, awnings, canopies, sun shades, sills, cornices, belt

courses, trellises, arbors, and other similar architectural

features (projections shall not be closer than 1.5 feet to any

property line)

(also permitted within R1 stepback areas above 23 feet)

30 in.

(no closer

than 1.5 ft. to

parcel line)

30 in.

(no closer

than 1.5 ft, to

parcel line)

1824 in.

(no closer than

1.5 ft. to parcel

line)

4 ft.

(no closer

than 1.5 ft. to

parcel line)

Flues, chimneys, water heater enclosuresrain gutters,

downspouts, and similar vertical architectural projections

not more than 5 ft. wide parallel to the side setback and

that do not exceed 20% of the façade width

All setbacks:

18 in. for structures with conforming setbacks;

12 in. for structures with nonconforming setbacks

Patios, porches, platforms, decks, and other unenclosed

areas not covered by a roof or canopy and that may be

raised above the level of the adjacent setback but do not

extend more than 3 ft. above the average natural grade

except for guard rails to the extent legally required

6 ft. 6 ft.

No limit

(can extend to

parcel line)

No limit

(can extend to

parcel line)

In the R1 District, first-story porches and second-story

balconies open on 3 sides with a height of no more than 14

ft., including parapets and railings, that do not exceed 50%

of the front building width measured at the front façade.

6 ft. Not permitted Not permitted Not permitted

In the R1 District, stairs with no roof or canopy less than 3

ft. above finished grade associated with a first-story front

porch projection

4 additional

feet Not permitted Not permitted Not permitted

Balconies, decks, porches, and similar structures that are

open, unenclosed on at least 2 sides 30 in. 30 in. Not permitted 4 ft.

In any OP district, Ssecond-floor decks, patios, or

balconies, covered or uncovered, adjacent to primary

living spaces in any OP Districts

30 in. 30 in. 30 in. 4 ft.

Unroofed access facilities, including stairs and wheelchair

ramps, with a height, including railings, of no more than 6

ft. above average natural grade

8 ft., but may extend any distance to accommodate

wheelchair ramps or similar ADA access facilities

Exterior access facilities leading to the second or higher

story of a building, including open or enclosed fire escapes

and open, unroofed fireproof outside stairways, landings,

exterior corridors, and wheelchair ramps. This projection

shall not be permitted within the R1 District.

Not permitted Not permitted

12 in. or 2 in.

per foot of

required side

setback,

whichever is

greater

4 ft.

20


Projections Front Setback Street Side

Setback

Interior Side

Setback Rear Setback

Greenhouse windows and bay windows that are not greater

than 6 ft. wide parallel to the setback if all such windows

are cantilevered only and do not extend to the ground

level, provided the structure has a conforming setback

18 in. 18 in. 18 in. 18 in.

Porte cocheres not more than 20 ft. long, not more than 14

ft. in height, including required railings or parapets, and

open on at least 23 sides except for necessary structural

supports

Not permitted

in front

setback

Permitted in side and rear setback but No limit

(can extend to parcel line) unless may not be

closer than 3 feet to the parcel line or as

requiredlimited by Building Code

Mailbox canopies not more than 10 ft. long 30 in. 30 in. 30 in. 4 ft.

Air conditioners, compressors, hot tub motors, pool filters,

and other mechanical equipment Not permitted

Not

permitted Not permitted

No limit

(can extend

to rear

parcel line)

Detached structures and mechanical equipment See Section 9.21.020, Accessory Buildings and Structures

Water heaters enclosures and tankless water heaters Not permitted





No limit

(can extend

to parcel line)

Utility equipment including, but not limited to, gas, water,

and electrical meters

Not permitted

(unless

required by

Building and

Utility Codes)





No limit

(can extend

to parcel

line)

Electric vehicle charging equipment Not permitted

No limit

(can extend

to parcel

line)

No limit

(can extend to

parcel line)

No limit

(can extend

to parcel

line)

Solar energy system equipment See Section 9.21.150, Solar Energy Systems

21

9.21.170 Building Additions Extending Into RequiredMinimum Side YardSetbacks

In all residential districts, an addition(s) to an existing structurebuilding that has a nonconforming side yard

setback may alsocontinue to extend into the required minimum side yard setback provided all of the

following criteria are met:

A. The addition(s) do(es) not exceed one-story and fourteen feet in height.

B. The addition(s) continue(s) the façade setback line of the existing structure.

CB. The addition(s) do(es) not extend closer than four feet to the side property line.

DC. The addition(s) do(es) not exceed fifteen feet in length parallel to the side property line.

ED. The addition(s) is (are) not limited to one side of the existing structure and does notmay extend into

both side yard setbacks.

FE. There has been no prior addition under this Section.

22

Chapter 9.28

PARKING, LOADING, AND CIRCULATION

9.28.020 Applicability

The requirements of this Chapter apply to the following.

A. New Buildings and Land Uses. On-site parking shall be provided according to the provisions of

this Chapter at the time any building or structure is erected or any new land use is established.

B. Addition, Enlargement of Use, and Change of Use of Existing Non-Residential Buildings.

1. Except as provided in subsection (B)(2), a change of use shall provide the difference between

the required parking ratio for the proposed use and one automobile parking space per 300 square

feet.

2. Changes in use that create an increase of 3 or fewer required parking spaces, calculated in

accordance with subsection (B)(1), shall not be required to provide additional on-site automobile

parking according to the provisions of this Chapter. Bicycle parking shall be provided in

accordance with Section 9.28.140.

3. Existing parking shall be maintained and additional parking shall be required only for such

addition, enlargement, or change of use and not for the entire building or site. If the number of

existing parking spaces is greater than the requirements for such use, the number of spaces in

excess of the prescribed minimum may be counted toward meeting the parking requirements for

the addition, enlargement, or change in use.

4. A change in occupancy is not considered a change in use unless the new occupant is a different

use than the former occupant.

C. Addition, Enlargement of Use, and Change of Use of Existing Residential Buildings.

1. For any new commercial, cultural, health, industrial, or commercial entertainment and recreation

use of an existing residential building, structure including any addition and enlargement of use,

parking spaces in the number specified in Section 9.28.060, Required Off-Street Parking, shall

be provided for the entire parcel.

2. For any new residential or educational use of an existing residential building or structure such

that the new residential or educational use will require a greater number of parking spaces as

compared to the previous use, parking spaces in the number specified in Section 9.28.060,

Required Off-Street Parking, shall be provided for the new use.

D. Additions and Alterations to Residential Buildings. When an addition or alteration is proposed to

a residential building that does not currently provide parking in compliance with this Chapter, the

following regulations apply:

1. Single Unit Dwellings. Parking shall be provided in accordance with the provisions of Chapter

9.28.060, Required Off-Street Parking, if 50 percent or more additional square footage is added

to the principal building at any one time, or incrementally, after September 8, 1988, provided the

aggregate addition is 500 square feet or more.

21. Multi-Unit Dwellings. Additional parking shall be required for the proposed addition or

alteration if it increases the number of bedrooms of existing units.

32. Increased Number of Dwelling Units. The creation of additional dwelling units through the

alteration of an existing building or construction of an additional structure or structures requires

the provision of on-site parking to serve the new dwelling units in compliance with the provisions

of this Chapter. This requirement does not apply when sufficient on-site parking exists to provide

the number of spaces required for the existing and new dwelling units in compliance with all

applicable requirements.

E. Construction Timing. On-site parking facilities required by this Chapter shall be constructed or

installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.

23

9.28.070 Location of Parking

Required off-street parking and loading spaces shall be located on the same parcel as the use they serve,

except as otherwise provided in this Chapter. Entrances to off-street parking and loading should be located

on a non-primary façade, except as described below. Where a parcel contains more than 1 street frontage,

the parking entrance should be located on the secondary street or alley. All efforts should be made to

eliminate the impacts of parking entrances on main thoroughfares and transit-oriented streets. The

requirements of this Section shall not apply to vehicles on display by an automobile dealer in a showroom

or approved outdoor area unless otherwise specified by this Ordinance.

A. Above Ground Parking.

1. Residential Districts. Parking shall be located in the rear half of the parcel and at least 40 feet

from a street-facing property line, except as provided below:

a. Single-Unit Residential District. Required parking for single-unit dwellings shall may be

located within an enclosed garage in the front half of the parcel provided the parking is

located behind the front setback line or the primary first-story facade facing the street,

whichever is the greater distance from the front parcel line. Required parking for all other

permitted use classifications in the single-unit residential district shall not be required to be

located within an enclosed garage; however, allowable Ggarages may be located in the

front half of the parcel subject to the setback requirements of the Base District and the

following:

i. Setback from Building Façade and Front Setback Line.

(1) North of Montana. Garage doors facing a public street shall be located at least 5

feet behind the primary facadewall facing the street, and never less than the

required Base District setback.

(2) North of Wilshire/Sunset Park. Garage doors facing a public street shall be

located at least 5 feet behind the front setback line.

ii. Projection into Front Yard Setback. In the R1 Single-Unit Residential District, a one-

story garage attached to the primary structure with a maximum height of 14 feet,

including parapets and railings, a maximum length of 25 feet, and with garage doors

perpendicular to the public street, shall be allowed to project up to 6 feet into the

required front yard if no alley access exists, but may not extend closer than 20 feet to

the front property line.

b. Multi-Unit Residential Districts. Parking may be located in the front half of the parcel in

Multi-Unit Residential Districts provided that no part of a required front setback shall be

used for parking purposes.

c. Garage Openings and Doors.

i. Garage Opening Setback. Garage openings shall be located the following minimum

distances from parcel lines adjoining streets and alleys:

(1) Front-entry garage: 20 feet.

(2) Side-entry garage: 5 feet.

(3) Garage with alley access: 15 feet from centerline of alley.

(4) Narrow parcels: For garages with rear vehicular access from an alley and located

on a parcel 27 feet wide or less, the side setback adjacent to a street or another

alley may be reduced to 3 feet.

(5) A minimum 22-foot turning radius is required from the garage to the opposite

side of the street alley, drive aisle, or driveway.

ii. Garage Door Width. Except as provided in subsections (1) and (2) below, iIf a garage

faces the front or street side parcel line, the garage doors shall not be more than 18

feet wide. A door to a single space shall not be more than 9 feet wide. Not more than

1 double garage may be entered from the side street side of a corner or a reversed

corner parcel. However, within the

24

(1) North of Montana Single-Unit Residential District., Ggarage doors facing the

public street may not exceed 16 feet in width unless located in the rear half of

the parcel except as provided in Section 9.07.030(A).

(2) North of Wilshire/Sunset Park. Garage doors facing the public street may not

exceed 16 feet in width unless located in the rear half of the parcel except as

provided in Section 9.07.030(I)(6).

d. Sloped Parcels. Garages may be located in the required front setback when the elevation

of the ground at a point 50 feet from the front parcel line and midway between the side

parcel lines differs 12 feet or more from the level of the curb or in all Ocean Park Districts

where there is a change in existing grade of 10 feet or more between the midpoint of the

front parcel line and the midpoint of the rear parcel line subject to the following:

i. Height shall not exceed 14 feet if a pitched roof, 11 feet for a flat roof, or 1 story;

ii. No portion of the garage may be closer than 5 feet from the front property line;

iii. The garage may not occupy more than 50 percent of the width of the front setback;

and

iv. In all Ocean Park Districts, a garage that complies with subsections (i) through (iii)

may be set back a distance equal to the average setback of garages on adjacent parcels

if the interior garage width does not exceed 20 feet.

e. Along the Pacific Coast Highway. Uncovered parking may be located in the front half of

the parcel and within the required front setback on parcel located along the Pacific Coast

Highway between the Santa Monica Pier and the north City limits.

f. Rooftop Parking. Rooftop parking is prohibited in all Residential Districts.

2. Mixed-Use and Non-Residential Districts.

a. Interior Side and Rear Setbacks. Above ground parking that does not extend above the first

floor level may be located within required interior side and rear setback provided above

ground parking is set back a minimum of 5 feet from an interior parcel line adjacent to a

Residential District.

b. Rooftop Parking.

i. Rooftop parking is prohibited in the following areas:

(1) Neighborhood Commercial Districts; and

(2) Except as authorized in Section 9.31.070(D)(6), within 50 feet of Residential

Districts.

ii. Where permitted, rooftop parking areas shall be screened at their perimeters to

prevent light spill onto adjacent properties. Non-skid or other similar surface

treatment on both floors and ramps of the rooftop shall be required to prevent tire

squeals. In order to minimize noise and air impacts, exhaust vents and other

mechanical equipment shall be located as far from residential uses as feasible

consistent with Chapter 8 of the Municipal Code.

B. Subterranean Parking Structures.

1. Required Setbacks. A subterranean parking structure may be constructed and maintained in any

required setback area except in any required unexcavated areas.




permitted.

3. Crossing Property Lines. Development located on 2 or more separate parcels may share

common subterranean parking garages or link circulation between subterranean parking facilities

only if the parcels are combined pursuant to Section 9.21.030, Development on Multiple Parcels.

C. Semi-Subterranean Parking Structures.

1. Front Setback. Semi-subterranean parking structures shall not be located within a required front

setback.

25

2. Side and Rear Setback.

a. On parcels less than 50 feet in width, a semi-subterranean parking structure may extend to

both property lines and to the rear property line.

b. On parcels having a width of 50 feet or greater, a semi-subterranean parking structure may

be constructed and maintained in any required side or rear setback area except in a required

unexcavated area.




permitted.

4. Parking Podium Height. The finished floor of the first level of the building or structure above

the parking structure shall not exceed 3 feet above the average natural, sloped average natural,

or theoretical grade of the parcel, except for openings for ingress and egress.

26

Chapter 9.31

STANDARDS FOR SPECIFIC USES AND ACTIVITIES

9.31.300 Accessory Dwelling Units

Notwithstanding the Accessory Buildings and Structures standards of Section 9.21.020, Accessory

Dwelling Units shall be developed, located, and operated in accordance with the following standards.

A. Purpose. The purpose of this Section is to:

1. Allow Accessory Dwelling Units as an accessory use to Single-Unit Dwellings, consistent with

California Government Code Section 65852.2, and provide that accessory dwelling units do not

exceed the allowable density for the lot upon which the accessory dwelling unit is located;

2. Establish that accessory dwelling units are a residential use that is consistent with the existing

general plan and zoning designation for the lot upon which it is located;

3. Allow for an increase in the supply of affordable housing in the City; and

4. Maintain the single-unit character of neighborhoods in the City.

B. Permit Requirements.

1. Zoning Conformance Review. An Accessory Dwelling Unit that conforms to all standards of

this Section not to exceed 650 square feet for parcels up to and including 6,000 square feet in

area or not to exceed 800 square feet for parcels greater than 6,000 square feet in area is permitted

by right. A Zoning Conformance Review shall be conducted to verify compliance with all

applicable standards.

C. Location. An Accessory Dwelling Unit may be established on any legal parcel that contains 4,000

square feet or more in any District where a primary Single-Unit Dwelling has been previously

established or is proposed to be established in conjunction with construction of the Accessory

Dwelling Unit. Only one Accessory Dwelling Unit is permitted per parcel.

D. Type of Unit and Relation to Main Dwelling. The Accessory Dwelling Unit shall provide separate,

independent living quarters for one household. The Accessory Dwelling Unit may be attached,

detached, or located within the living area of the primary Single-Unit Dwelling on the parcel, subject

to the standards of this Section. A detached Accessory Dwelling Unit shall be considered part of the

primary Single-Unit Dwelling if the Accessory Dwelling Unit is located less than 6 feet from the

primary Single-Unit Dwelling or if connected to it by fully enclosed space.

E. Conversion or Demolition of Existing Structures.

1. Garage Conversions. Conversion of all or a portion of a garage to an Accessory Dwelling Unit

is permitted, provided that alternate parking for the primary dwelling is provided that meets the

requirements of Chapter 9.28, Parking, Loading, and Circulation, and the District within which




parking lifts. No setback shall be required for an existing garage that is converted to an Accessory

Dwelling Unit, and a setback of 5 feet from the side and rear property lines shall be required for

an Accessory Dwelling Unit that is constructed above a garage.

2. Demolition of Existing Structure. When an existing garage, carport, or covered parking

structure is demolished in conjunction with the construction of an Accessory Dwelling Unit,

alternate parking for the primary dwelling shall be provided in a form that meets the requirements

of Chapter 9.28, Parking, Loading, and Circulation and the District within which the parcel is

located. Notwithstanding Chapter 9.28, such alternate parking may be located in any

configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, as

covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile

parking lifts.

27

3. Conversion of Existing Floor Area of the Main Dwelling. The creation of an Accessory

Dwelling Unit through conversion of part of the existing floor area of the primary Single-Unit

Dwelling shall be allowed, provided it has independent exterior access from the existing primary

Single-Unit Dwelling and does not result in the floor area of the primary dwelling being less than

150 percent of the floor area of the Accessory Dwelling Unit, or in violation of the standards of

the California Building Code.

4. Conversion of an Existing House to an Accessory Dwelling Unit. In cases in which an existing

Single-Unit Dwelling has an area up to 650 square feet for parcels up to and including 6,000

square feet in area or up to 800 square feet for parcels greater than 6,000 square feet in area, the

Review Authority may approve the construction of one additional residence that is intended to

be the primary residence (a Single-Unit Dwelling) on the property. The existing residence, which

is intended to become the lawful Accessory Dwelling Unit, must comply with all the

requirements of this Section. The primary residence shall be constructed in accordance with the

provisions of the applicable District standards and other requirements of this Article.

5. Conversion on an Existing Accessory Building to an Accessory Dwelling Unit.

Notwithstanding subsection F, the conversion of an existing accessory building up to 650 square

feet for parcels up to and including 6,000 square feet in area or up to 800 square feet for parcels

greater than 6,000 square feet in area, including, but not limited to, a studio, pool house, or other

similar structure to an Accessory Dwelling Unit shall be allowed if the unit is contained within

the existing space of the accessory building, has independent exterior access from the existing

primary Single-Unit Dwelling, and the side and rear setbacks of the Accessory Dwelling Unit

are sufficient for fire safety.

F. Development Standards. An Accessory Dwelling Unit shall conform to the height, setbacks, parcel

coverage, and other zoning requirements of the District in which it is located, other requirements of

this Article, and other applicable City codes, except as provided in this Section.

1. Attached Accessory Dwelling Units. An Accessory Dwelling Unit that is attached to the primary

dwelling shall comply with all the property development standards for the primary dwelling.

2. Detached Accessory Dwelling Units Up to 14 Feet in Height. A detached Accessory Dwelling

Unit located within a new accessory structure up to 14 feet in height or within additions to

existing accessory structures up to 14 feet in height shall comply with the following

requirements:

a. Location.





at least 5 feet from the rear parcel line.

iii. On a reverse corner parcel, an Accessory Dwelling Unit shall not be located nearer to

the street side parcel line of such corner parcel than ½ of the front setback depth


any key parcel.

iv. Any Accessory Dwelling Unit on a through parcel shall not project into any front


b. Maximum Floor Area. The total floor area of an Accessory Dwelling Unit up to 14 feet in

height shall not exceed 650 square feet for parcels up to and including 6,000 square feet in

area or shall not exceed 800 square feet for parcels greater than 6,000 square feet in area.

c. Maximum Building Height. The Accessory Dwelling Unit shall not exceed one story or 14

feet in height.

3. Detached Accessory Dwelling Units Over One Story or 14 Feet in Height. A detached

Accessory Dwelling Unit located within a new accessory structure over one story or 14 feet in

28

height or within additions to existing accessory structures over one story or 14 feet in height shall

comply with the following requirements:

a. Location.





at least 5 feet from the rear parcel line. The second story portion of an Accessory

Dwelling Unit may extend into the required rear setback but shall be no closer than

15 feet from the centerline of the alley or 15 feet from the rear property line where no

alley exists. For second story portions of an Accessory Dwelling Unit constructed

above an existing garage, a setback of 5 feet from the side and rear parcel lines shall

be required.

iii. An Accessory Dwelling Unit shall have the same minimum side setback requirement

as the principal building on the parcel, but in no case less than 5 feet.

iv. On a reverse corner parcel, an Accessory Dwelling Unit shall not be located nearer to

the street side parcel line of such corner parcel than ½ of the front setback depth


any key parcel.

v. Any Accessory Dwelling Unit on a through parcel shall not project into any front


b. Maximum Floor Area. The total floor area of an Accessory Dwelling Unit that exceeds one

story or 14 feet in height shall not exceed 650 square feet for parcels up to and including

6,000 square feet in area or shall not exceed 800 square feet for parcels greater than 6,000

square feet in area.

i. The second story of an Accessory Dwelling Unit shall not exceed the floor area of the

first story.

c. Maximum Building Height. The Accessory Dwelling Unit shall not exceed two stories or

24 feet in height.

d. Exterior Features. First-story Rroof decks, landings, upper level walkways, and balconies

shall not exceed an aggregate 35 square feet in area and must be set back at least 25 feet

from the side property line closest to the structure, and at least 25 feet from the rear property

line, or if an alley exists, 25 feet from the centerline of the alley shall not be located on the

side elevation closest to a side parcel line or on the rear elevation; and shall have the same

minimum side setback requirement as the principal building on the parcel, but in no case

less than 5 feet; and shall be set back a minimum 5 feet from the rear parcel line. Roof

decks above the second-story are prohibited.

G. Design Standards. The exterior design of the Accessory Dwelling Unit, including building forms,

materials, colors, exterior finishes, and landscaping, shall be compatible with the primary Single-

Unit Dwelling.

1. The Accessory Dwelling Unit shall be clearly subordinate to the main dwelling unit on the parcel

in terms of size, location, and appearance.

2. The entrance to the Accessory Dwelling Unit shall not be on the front or street side setback

unless it is a shared entrance with the primary unit.

H. Parking.

1. Required Parking. One on-site parking space, which may be unenclosed, shall be provided for

the Accessory Dwelling Unit. This space shall comply with all development standards set forth

in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the District. A

tandem parking space may also be used to meet the parking requirement for the Accessory

Dwelling Unit and may be provided on an existing driveway. Required parking for the primary

Single-Unit Dwelling may not be removed for the creation of an Accessory Dwelling Unit or

29

allocated to meet the parking requirement for the Accessory Dwelling Unit unless replacement

parking is provided in accord with this Article.

2. Exemptions. Notwithstanding any other parking required by this Section or Chapter 9.28 of this

Article, no parking spaces shall be required for an Accessory Dwelling Unit in any of the

following instances:

a. The Accessory Dwelling Unit is located within one-half mile of public transit;

b. The Accessory Dwelling Unit is an individually designated historic resource or is located

within an architecturally and historically significant historic district;

c. The Accessory Dwelling Unit is part of the existing primary residence or an existing

accessory structure;

d. When on-street parking permits are required but not offered to the occupant of the

Accessory Dwelling Unit; or

e. When there is a car share vehicle located within one block of the Accessory Dwelling Unit.

I. Owner Occupancy, Rental, and Sale Limitations. Either the primary Single-Unit Dwelling or the

Accessory Dwelling Unit shall be owner-occupied. Either unit may be rented, but both may not be

rented at the same time. An Accessory Dwelling Unit shall not be offered for sale separately from

the primary dwelling unit. The primary Single-Unit Dwelling or the Accessory Dwelling Unit shall

only be offered for residential occupancy for more than 30 days.

planning commission report - santa monica...calculations excluded from parcel coverage calculations...

Documents